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Contract 53648-PM1
j u R�CF/��D APR 2 : 2020 117} OFRpRT CITY SRCREi RYT h' FORT WORTH FOR THE CONSTRUCTION OF' Chapel Creek Phase 4 City Project No. 101873 File No. W-2607 X-25915 IPRC18-0082 Water Project No. 56008-0600430-101873-001580 Sewer Project No. 56008-0700430-101873-001380 Betsy Price Mayor Christopher P. Harder, P.E. Water Director David Cooke City Manager William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth March 2020 Shield Engineering Group TBPE FIRM #F-11039 — TBPLS FIRM #10193890 ...........................:... RYAN J. HILL susaseov same mangoes o'•_ 114314 0600,oy Ty SECRETARY, WORTMI 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 101873 Revised September 1, 2015 SECTION 00 00 10 1 TABLE OF CONTENTS 2 DEVELOPER AWARDED PROJECTS 3 4 5 Division 00 - General Conditions 6 7 Utilities & Paving 8 00 11 13 Invitation to Bidders 9 00 21 13 Instructions to Bidders 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 00 43 13 Bid Bond 13 00 45 11 Bidders Prequalification’s 14 00 45 12 Prequalification Statement 15 00 45 13 Bidder Prequalification Application 16 00 45 26 Contractor Compliance with Workers' Compensation Law 17 00 45 40 Minority Business Enterprise Goal 18 00 52 43 Agreement 19 00 61 25 Certificate of Insurance (Use actual Acord Form) 20 00 62 13 Performance Bond 21 00 62 14 Payment Bond 22 00 62 19 Maintenance Bond 23 24 Electrical & Streetlights 25 00 11 13 Invitation to Bidders 26 00 21 13 Instructions to Bidders 27 00 41 00 Bid Form 28 00 42 43 Proposal Form Unit Price 29 00 43 13 Bid Bond 30 00 45 11 Bidders Prequalification’s 31 00 45 12 Prequalification Statement 32 00 45 13 Bidder Prequalification Application 33 00 45 26 Contractor Compliance with Workers' Compensation Law 34 00 45 40 Minority Business Enterprise Goal 35 00 52 43 Agreement 36 00 61 25 Certificate of Insurance (Use actual Acord Form) 37 00 62 13 Performance Bond 38 00 62 14 Payment Bond 39 00 62 19 Maintenance Bond 40 41 42 00 72 00 General Conditions (Optional) 43 00 73 00 Supplementary Conditions (Optional) 44 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 45 46 47 48 49 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 101873 Revised September 1, 2015 Division 01 - General Requirements 1 01 11 00 Summary of Work 2 01 25 00 Substitution Procedures 3 01 31 19 Preconstruction Meeting 4 01 31 20 Project Meetings 5 01 32 16 Construction Progress Schedule 6 01 32 33 Preconstruction Video 7 01 33 00 Submittals 8 01 35 13 Special Project Procedures 9 01 45 23 Testing and Inspection Services 10 01 50 00 Temporary Facilities and Controls 11 01 55 26 Street Use Permit and Modifications to Traffic Control 12 01 57 13 Storm Water Pollution Prevention Plan 13 01 58 13 Temporary Project Signage 14 01 60 00 Product Requirements 15 01 66 00 Product Storage and Handling Requirements 16 01 70 00 Mobilization and Remobilization 17 01 71 23 Construction Staking 18 01 74 23 Cleaning 19 01 77 19 Closeout Requirements 20 01 78 23 Operation and Maintenance Data 21 01 78 39 Project Record Documents 22 23 Technical Specifications which have been modified by the Engineer specifically for this Project; 24 hard copies are included in the Project’s Contract Documents 25 26 32 13 13 Concrete Paving 8” Road Section 27 28 Technical Specifications listed below are included for this Project by reference and can be 29 viewed/downloaded from the City’s Buzzsaw site at: 30 31 htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20-32 %20Construction%20Documents/Specifications 33 34 Division 02 - Existing Conditions 35 02 41 13 Selective Site Demolition 36 02 41 14 Utility Removal/Abandonment 37 02 41 15 Paving Removal 38 39 Division 03 - Concrete 40 03 30 00 Cast-In-Place Concrete 41 03 34 13 Controlled Low Strength Material (CLSM) 42 03 34 16 Concrete Base Material for Trench Repair 43 03 80 00 Modifications to Existing Concrete Structures 44 45 Division 26 - Electrical 46 26 05 00 Common Work Results for Electrical 47 26 05 10 Demolition for Electrical Systems 48 26 05 33 Raceway and Boxes for Electrical Systems 49 26 05 43 Underground Ducts and Raceways for Electrical Systems 50 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 101873 Revised September 1, 2015 Division 31 - Earthwork 1 31 10 00 Site Clearing 2 31 23 16 Unclassified Excavation 3 31 23 23 Borrow 4 31 24 00 Embankments 5 31 25 00 Erosion and Sediment Control 6 31 36 00 Gabions 7 31 37 00 Riprap 8 9 Division 32 - Exterior Improvements 10 32 01 17 Permanent Asphalt Paving Repair 11 32 01 18 Temporary Asphalt Paving Repair 12 32 01 29 Concrete Paving Repair 13 32 11 23 Flexible Base Courses 14 32 11 29 Lime Treated Base Courses 15 32 11 33 Cement Treated Base Courses 16 32 12 16 Asphalt Paving 17 32 12 73 Asphalt Paving Crack Sealants 18 02 41 15 Remove Asphalt Paving 19 32 13 13 Concrete Paving 20 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 21 32 13 73 Concrete Paving Joint Sealants 22 32 14 16 Brick Unit Paving 23 32 16 13 Concrete Curb and Gutters and Valley Gutters 24 32 17 23 Pavement Markings 25 32 31 13 Chain Link Fences and Gates 26 32 31 26 Wire Fences and Gates 27 32 31 29 Wood Fences and Gates 28 32 32 13 Cast-in-Place Concrete Retaining Walls 29 32 91 19 Topsoil Placement and Finishing of Parkways 30 32 92 13 Hydro-Mulching, Seeding, and Sodding 31 32 93 43 Trees and Shrubs 32 33 Division 33 - Utilities 34 33 01 30 Sewer and Manhole Testing 35 33 01 31 Closed Circuit Television (CCTV) Inspection 36 33 03 10 Bypass Pumping of Existing Sewer Systems 37 33 04 10 Joint Bonding and Electrical Isolation 38 33 04 11 Corrosion Control Test Stations 39 33 04 12 Magnesium Anode Cathodic Protection System 40 33 04 30 Temporary Water Services 41 33 04 40 Cleaning and Acceptance Testing of Water Mains 42 33 05 10 Utility Trench Excavation, Embedment, and Backfill 43 33 05 12 Water Line Lowering 44 33 05 13 Frame, Cover and Grade Rings 45 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 46 33 05 16 Concrete Water Vaults 47 33 05 17 Concrete Collars 48 33 05 20 Auger Boring 49 33 05 21 Tunnel Liner Plate 50 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 101873 Revised September 1, 2015 33 05 22 Steel Casing Pipe 1 33 05 23 Hand Tunneling 2 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 3 33 05 26 Utility Markers/Locators 4 33 05 30 Exploratory Excavation for Existing Utilities 5 33 11 10 Ductile Iron Pipe 6 33 11 11 Ductile Iron Fittings 7 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 8 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 9 33 11 14 Buried Steel Pipe and Fittings 10 33 11 15 Pre-stressed Concrete Cylinder Pipe 11 33 12 10 Water Services 1-inch to 2-inch 12 33 12 11 Large Water Meters 13 33 12 20 Resilient Seated Gate Valve 14 33 12 21 AWWA Rubber-Seated Butterfly Valves 15 33 12 25 Connection to Existing Water Mains 16 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 17 33 12 40 Dry-Barrel Fire Hydrants 18 33 12 50 Water Sample Stations 19 33 12 60 Blow-off Valves 20 33 31 12 Cured in Place Pipe (CIPP) 21 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 22 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 23 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 24 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 25 33 31 22 Sanitary Sewer Slip Lining 26 33 31 23 Sanitary Sewer Pipe Enlargement 27 33 31 50 Sanitary Sewer Service Connections and Service Line 28 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 29 33 39 10 Cast-in-Place Concrete Manholes 30 33 39 20 Precast Concrete Manholes 31 33 39 30 Fiberglass Manholes 32 33 39 40 Wastewater Access Chamber (WAC) 33 33 39 60 Epoxy Liners for Sanitary Sewer Structures 34 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 35 33 41 11 HDPE Storm Sewer Pipe 36 33 46 00 Sub drainage 37 33 46 01 Slotted Storm Drains 38 33 46 02 Trench Drains 39 33 49 10 Cast-in-Place Manholes and Junction Boxes 40 33 49 20 Curb and Drop Inlets 41 33 49 40 Storm Drainage Headwalls and Wingwalls 42 43 Division 34 – Transportation 44 34 41 10 Traffic Signals 45 34 41 13 Removing Traffic Signals 46 34 41 20 Roadway Illumination Assemblies 47 34 41 30 Aluminum Signs 48 34 71 13 Traffic Control 49 50 00 00 10- 5 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 5 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 101873 Revised September 1, 2015 [Appendix to be included for all projects] 1 2 Appendix 3 GC-4.01 Availability of Lands 4 GC-4.02 Subsurface and Physical Conditions 5 GC-4.04 Underground Facilities 6 GC-4.06 Hazardous Environmental Condition at Site 7 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 8 GC-6.07 Wage Rates 9 GC-6.09 Permits and Utilities 10 GC-6.24 Nondiscrimination 11 GR-01 60 00 Product Requirements 12 13 END OF SECTION 14 00 42 43 DAP - BID PROPOSAL Page 1 of 9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3311.0001 Ductile Iron Water Fittings w! Restraint 33 11 11 TON 1.2 $4,583.33 $5,500.00 2 3311.0261 8" PVC Water Pipe 33 11 12 LF 4,893 $34.00 $166,362.00 3 3311.0461 12" PVC Water Pipe 3311 12 LF 583 $46.00 $26,818.00 4 3312.0001 Fire Hydrant w/ Gate Value , .ran _. 33 12 40 EA 4 $4,500.00 $18,000.00 5 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 6 $1,041.67 $6,250.02 6 3312.2003 1" Water Service 33 12 10 EA 147 $950.00 $139 650.00 7 3312.3003 8" Gate Valve & Box _ 33 12 20 EA 9 $17250.00 $111250.00 8 3305 0109 Trench Safety 33 05 10 LF 5,476 $1.11 $61078.36 9 9999.0001 1" Irrigation Service 00 00 00 EA 4 $1,500.00 $6,000.00 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .......... . 31 32 33 34 35 36 37 38 39 40 41 _ 42 43 44 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22. 2019 00 42 43—SIGNED Bid Proposal_DAP_Utilities (2020.02.17) SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 2 of 9 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity 45 1 1 TOTAL UNIT I: WATER IMPROVEMENTS $385,908.38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Mav 22, 2019 00 42 43—SIGNED Bid Proposal _DAP_UtiIill es (2020.02.17) 00 42 43 DAP - BID PROPOSAL Page 3 of SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information I Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 1 3301.0002 Post -CCTV Inspection 3301 31 LF 7,099 $2.00 $14,198.00 2 3301.0101 Manhole Vacuum Testing 3301 30 EA 30 $150.00 $4,500.00 3 3305.0109 Trench Safety 33 05 10 LF 7,099 $2.43 $17,250.57 4 3305.0116 Concrete Encasement 33 05 10 LF 20 $50.00 $1,000.00 5 3305.0202 Cement Stabilized Backfill 33 05 10 LF 320 $40.00 $12,800.00 _ _. 6 3331.3101 4" Sewer Service 3331 50 EA 146 $650.00 $94900 .00 7 3331.3313 Sewer Service, Reconnection 3331 50 EA 4 $950.00 $3,800.00 8 3331.4115 8" Sewer Main 33 31 20 LF 5,926 $40.56 $240,358 56 9 3331.4201 10" Sewer Pipe 33 11 10 I-F 1,173 $50.00 $58,650.00 10 3339.0001 Warren Manhole Liner 33 39 60 VF 64.94 $225.00 $14,611.50 11 3339.1001 4' Manhole 33 39 10 EA 27 $4,370.00 $117,990.00 12 3339.1002 4' Drop Manhole 33 39 10 EA 3 $7,000.00 $21,000.00 13 3339.1003 Extra Depth Depth Manhole ( > 6.0') 33 39 10 VF 113.70 $185.00 $21,034.50 14 9999.0002 Remove and Replace Exist Conc Pvmt 00 00 00 SY 27 $100.00 $27700.00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Mav 22. 2019 00 42 43_SIGNED Bid Proposal_DAP_UtiIities (2020.02,17) UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidlist Item Specification Description No. Section No. 45 TOTAL UNIT II: SANITARY SEV CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Mav 22, 2019 00 42 43 DAP - BID PROPOSAL Pa,,e 4 of 9 Bidder's Application Bidder's Proposal Unit of Bid Unit Price Bid Value Measure Quantity ERIMPROVEMENTS1 $624,793.13 00 42 43_SIGNED Bid Proposal —DAP —Utilities (2020.02.17) 00 42 43 DAP - BID PROPOSAL Page 5 of 9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information - I Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 1 3305.0109 Trench Safety 33 05 10 LF 1952 $1.00 $1,952.00 2 3341.0201 21" RCP, Class III 3341 10 LF 135 $52.00 $7,020.00 3 3341.0205 24" RCP, Class III 33 41 10 LF 1817 $57.00 $103,569.00 4 3349.0001 4' Storm Junction Box 33 49 10 EA 8 $6,000.00 $48,000.00 5 3349.5001 10' C1 urb Inlet 3349 20 EA 8 $3,200.00 $25,600.00 6 3349.6001 10' Recessed Inlet 33 49 20 EA 1 $4,200.00 $41200.00 7 3349.6003 20' Recessed Inlet 33 49 20 EA 3 $6,400.00 $19,200.00 8 9999.0003 24:.: " Sloping Headwall 00 00 00 EA 1 $3,000.00 $3,000.00 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Mai- 22. 2019 00 42 43—SIGNED Bid Proposal_DAP_Utilities (2020.02-17) UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Page 6 of 9 Bidder's Application Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 45 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $212,541.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Mav 22. 2019 00 42 43_SIGNED Bid Proposal_DAP_UtiIII] es (2020.02. 17) SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Pale 7 of 9 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. I I Section No. Measure I Quantity UNIT IV: PAVING IMPROVEMENTS 1 3211.0400 Hydrated Lime 3211 29 TON 456 $180.00 $82,080.00 2 3211.0501 6" Lime Treatment 32 11 29 SY 221779 $2.81 $64,008.99 3 3213.0101 5" Conc Pvmt (Median) 32 13 13 SY - 427 $33.00 $14,091.00 4 3213.0101 6" Conc Pvmt _ 32 13 13 SY 15,414 $35.31 $5447268.34 5 3213.0301 4" Conc Sidewalk 32 13 20 SF 227649 $3.10 $70,211.90 6 3213.0501 Barrier Free Ramp, Type R-1 32 1320 EA 11 $1,200.00 $13,200.00 4 Barrier Free Ramp, Type M-2 32 13 20 EA 1 $1,500.00 $11500.00 8 3213.0506 Barrier Free Ramp, Type 1 32 13 20 EA 11 $11200.00 $13,200.00 9 „P 3217.0002 4" SLD Pvmt Marking HAS (Y) 32 17 23 LF 3,210 $2.00 $6,420.00 10 3217.0201 8" SLD Pvmt Marking HAS (W) 32 17 23 LF 420 $4.00 $17680.00 11 " 3217.0202 8 SLD Pvmt Marking HAS (Y) 32 17 23 LF 197 , .. $4.00 .: , .... $788.00 12 3217.0501 24" SLD Pvmt Marking HAE (W) 32 17 23 LF 36 $30.00 $1,080.00 13 3217.2102 REFL Raised Marker TY 1-C 32 17 23 EA 18 $4.00 $72.00 14 3217.2103 REFL Raised Marker TY 11-A-A 32 17 23 EA 22 $4.00 $88.00 15 3-441.4003 Furnish/Install Alum Sign Ground Mount City 3441 30 EA 7 $750.00 $5,250.0 0 16 9999.0004 Install FOR Barricade 'R 000000 EA 4 $500.00 $2,000.00 .1. 1 7 99 1 96 .0 1 0 -r05 emove FOR Barricade 00 00 00 EA 6 $211 01 0.1 00 $1,1 201 0.00 18 9999.0006 8" Conc Pvmt 00 00 01 0 SY 4,867 $41 5.46 _ $221,253.82 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_SIGNED Bid Proposal -DAP -Utilities (2020.02.17) UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information 00 42 43 DAP - BID PROPOSAL Pagge S of 9 Bidder's Application Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No, Measure Quantity 45 TOTAL UNIT IV: PAVING IMPROVEMENTS $1,042,392.05 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Mav 22.2019 00 42 43_SIGNED Bid Proposal_ DAP_ Utilities (2020.02,17 ) Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL, FORM Project Item Information Descripilor) Spccificatlon Unit of Bid Section No. Measure Quantit"! Bid Sum mary UNIT 1: WATER IMPROVEMENTS UNIT 11: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Conatser ConstructionI"N, Lp. 5327 `ichito St, Fort NNVorth, TX 76119 Contractor Agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. CITY OF FORTWORTH STANDARD CONSTRUCTION, SPECIFICATION DO(J 'MEJ`,JS - DEVELOPER AWARDED PROJECTS Form Version May 22, 20 119 BY: Broch, Huggins MIX; President DATE:3/11Aa&o W, 1 42 43 DAP, 131D PROPOSAL paue!) of 9 Bidder's Proposal Unit Price I Bid Value $6240793-13 $212,541.00 $1,042,392.05 working days after the date when the 0() 42 43 SIGNED Did Propo.5a], DAPJ)uhtc5 (2020 OP2 17) 0045 12 DAP PKEQ1 I A 1-IFICATION STATEMENT Page 1 of I SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paying. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Concrete Paving CONATSER CONSTRUCITON TX, L.P. Construction/Reconstruction �3/202 I5pO SY and GREAT Water Distribution, CONATSER CONSTRUCTION TX, L.P. Development, 12-inch diameter /3�/�ZV and smaller CCTV, 12-inches and smaller CONATSER CONSTRUCTION TX, L.P. -7/1A, 12070 Sewer Collection System, CONATSER CONSTRUCTION TX, L.P. '"117 f / 12-inches and IDevelopment, /312020 smaller The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name:CW-%&+StL ajQc[`.�, C6AT A) Address: 0,16vt-ok, AoZmd " lw-- - W W, a lbo LL)Oflit� PfZQSqignatyre) TITLE. I DATE: 3/fit% za?'o END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT - DEVELOPER AWARDED PROJECTS 00 45 12-Prequalification Statement 20IS-DAP.docx Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 101873 . Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Address By:7?-TI � (Please Print Iftwe Signature: .000ey Y'd IN W71- __ - wo(y VU "�I�Q`� , V '"_I(Q l fa Title: City/State/Zip 7 THE STATE OF TEXAS COUNTY OF TARRANT (Please Print) 33.VFORE ME, the undersigned authority, on this day personally appeared in:� known to me to be the person whose name is subscribed to the fbkgoing instrument, nd acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein ex essed and in the capacity therein stated. M EN UNDER MY HAND AND SEAL OF OFFICE this day of 20.10 ��'"`• Notary Public in and 0(tte Sttte f Texas =;°»' '•; Notary Public, State of Texas %-!*i ...��}� Camm- ExPlf*$ t-15.2023 Notary ID 13213162.8 ND OF SECTION CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101873 Revised April 2, 2014 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 3 l it ZPZD is mad e and between the Developer, Y e oper, 4 D.R. Horton -Texas, Ltd, authorized to do business in Texas ("Developer"), and Conatser 5 Construction TX, LP, authorized to do business in Texas, acting by and through its dui 6 authorized representative,("Contractor"). g Y 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or onlyart is 14 generally described as follows: a P 15 Chapel Creek Phase 4 16 City Proiect Number: 101873 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 180 working days s after the date 23 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed p p eted within the times specified In 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contras p d 30 Pro J for also recognizes the delays, expense and difficulties i culties involved n 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not t 32 completed on time. Accordingly, instead of requiring any such roof Contractor agrees p � g es 33 that as liquidated damages for delay (but not as a penalty), Contractor shall a Y) pay 34 Developer Six Hundred Fifty Dollars ($650.00) for each day that expires after the time e 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -- DEVELOPER AWARDED PROJECTS CHAPEL CREEK PHASE 4 Revised April 2, 2014 101873 005243-2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of TWO MILLION TWO HUNDRED SIXITY FIVE 40 THOUSAND SIX HUNDRED THIRTY FOUR DOLLARS AND FIFTY SIX CENTS 41 ($2,265, 634.56). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Proj ect's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101873 Revised April 2, 2014 005243-3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is allegedproven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by anv act. omission or negligence of the citv. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101873 Revised April 2, 2014 005243-4 Developer Awarded Project Agreement Page 4 of 4 116 117 7.6 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120 121 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 122 counterparts. 123 124 This Agreement is effective as of the last date signed by the Parties {"Effective Date"). 125 126 Contractor: Developer: B �� - B-00-9 (00000 (Si t e) (Signature) L rll� n (Printed Name) Benjamin Clark Title:'- l�QS� (��,T Title: Assistant Vice President Company Name: C LP D.R. Horton —Texas, LTD., a Texas Limited Partnership By: D.R. Horton, Inc., a Delaware L � Corporation, Its Authorized Agent Address: 153(,ht+c ��I Address: 6751 North Freeway City/State/Zip:' (y[� City/State/Zip: Fort Worth, Texas 76131 3/I1 /2azo &Qv Date Date CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS 101873 Revised April 2, 2014 ' A4CC?R" CERTIFICATE OF LIABILITY INSURANCE DATE (M� IYYY Y) 03/11 /2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Joyce Womack NAME: The Sweeney Company HONE Ext : (817) 457-6700 FAX No : (817) 457-7246 1121 E. Loop 820 South E-MAIL Joyce@thesweeneyco.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # P O BOX 8720 Fort Worth TX 76124-0720 INSURER A: Bitco National Insurance Company 20109 INSURED INSURER B: Bitco General Insurance Corporation 20095 Conatser Construction TX, LP. INSURER C : P.O.Box 15448 INSURER D : INSURER E : Fort Worth TX 76119 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ;Z// DAMAGE TO RENTED 100,000 CLAIMS -MADE I oPNI OCCUR PREMISES Ea occurrence $ X MED EXP (Any one person) $ 5,000 CONTRACTUAL, XCU X INDEP CONT, BFPD PERSONAL &ADV INJURY $ 1,000,000 A CLIP 3 684 072 08/01/2019 08/01/2020 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY X JECT LOC PRODUCTS - COMP/OP AGG 2,000,000 $ X $ OTHER: $1,000 DED PER PD OCC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS CAP 3 684 071 08/01/2019 08/01/2020 BODILY INJURY (Per accident) $ HIRED NON -OWNED PROPERTY DAMAGE Per accident $ AUTOS ONLY AUTOS ONLY $ r- X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE CUP 2 816 564 08/01/2019 08/01/2020 DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION X1 PER AND EMPLOYERS' LIABILITY Y / N STATUTE]-70ERTH- EACH ACCIDENT 1,000,000 $ B ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? F-1 N / A WC 3 684 070 08/01/2019 08/01/2020 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Proj 101873 Chapel Creek Phs 4 water, sanitary sewer, storm drain & paving improvements. WC, GL & auto include a blanket automatic waiver of subrogation endt & the GL, auto include a blanket automatic additional insured endt providing additional insured & waiver of subrogation status to the cert holder only when there is a written contract between the named insured & the cert holder that requires such status. The additional insured endts contains special primary & noncontributory wording. Umbrella follows form additional insured & waiver of subrogation. The policies include an endt providing 30 day notice of cancellation (10 days for non -pay of premium) to the cert holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. 200 TEXAS ST AUTHORIZED REPRESENTATIVE FT WORTH TX 76102 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD j AiIC"R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 16400� 03/11 /2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Joyce Womack NAME: The Sweeney Company PHONE (817) 457-6700 FAX (817) 457-7246 A/C No Ext : A/C, No): E-MAIL Joyce@thesweeneyco.com ADDRESS. 1121 E. Loop 820 South INSURER(S) AFFORDING COVERAGE NAIC # P O Box 8720 INSURER A: Bitco National Insurance Company 20109 Fort Worth TX 76124-0720 INSURED INSURER B: Bitco General Insurance Corporation 20095 Conatser Construction TX, LP. INSURER C : P.O.Box 15448 INSURER D : INSURER E : Fort Worth TX 76119 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence) $ 100,000 X MED EXP (Any one person) $ 5,000 CONTRACTUAL, XCU X INDEP CONT, BFPD PERSONAL &ADV INJURY $ 1,000,000 A CLIP 3 684 072 08/01/2019 08/01/2020 GEN'L AGGREGATE LIMIT APPLIES PER: JECT LOC POLICY � PROF-1 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG 2,000,000 $ X $ OTHER: $1,000 DED PER PD OCC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS CAP 3 684 071 08/01/2019 08/01 /2020 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE CUP 2 816 564 08/01/2019 08/01 /2020 DIED I X1 RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EX ECUTIVE Y / N OFFICER/MEMBER EXCLUDED. ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC 3 684 070 08/01 /2019 08/01 /2020 __T7$ X SPER TATUTE ER E.L. EACH ACCIDENT 1,000,000 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Proj 101873 Chapel Creek Phs 4 water, sanitary sewer, storm drain & paving improvements. WC, GL & auto include a blanket automatic waiver of subrogation endt & the GL, auto include a blanket automatic additional insured endt providing additional insured & waiver of subrogation status to the cert holder only when there is a written contract between the named insured & the cert holder that requires such status. The additional insured endts contains special primary & noncontributory wording. Umbrella follows form additional insured & waiver of subrogation. The policies include an endt providing 30 day notice of cancellation (10 days for non -pay of premium) to the cert holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN D R HORTON - TEXAS LTD ACCORDANCE WITH THE POLICY PROVISIONS. 4306 MILLER RD STE A AUTHORIZED REPRESENTATIVE ROWLETT TX 75088 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Bond No. 0229604 006213-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6213 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX, L.P. , known as 8 "Principal" herein and Berkley Insurance Company , a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, D.R. 11 Horton — Texas, Ltd, authorized to do business in Texas ("Developer") and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sum of TWO MILLION TWO 13 HUNDRED SIXITY FIVE THOUSAND SIX HUNDRED THIRTY FOUR DOLLARS AND 14 FIFTY SIX CENTS ($2,265, 64.56), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly 16 unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 2019-0025; and 21 WHEREAS, the Principal has entered into a certain Written contract With the Developer awarded 22 the day of _ mqv-t,� , 2O I2. , which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as CHAPEL CREED PHASE 4. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as Well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CITY CONDMONS — DEVELOPER AWARDED PROJECTS 101873 Revised January 31, 2012 0062 13-2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of avlr-1, , 20 20 . ATTEST: oft A (Principal) Secr-etaryOO IL 1� i ess as to Piytipal Witness as to Surety PRINCIPAL: Conatser Construction TX, L.P. R BY: q nature Brock Huggins, President Name and Title Address: 5327 Wichita St. Fort Worth, TX 76119-6035 SURETY: Berkley Insurance Company BY: Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 101873 Revised January 31, 2012 Bond No. 0229604 00 62 l4 - 1 PAYMENT BOND Page 1 of 2 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX, L.P. known as 8 "Principal" herein, and Berkley Insurance Company , a 9 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 10 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the 11 Developer, D.R. Horton — Texas, Ltd, authorized to do business in Texas "(Developer"), and the 12 City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of TWO MILLION 13 TWO HUNDRED SIXITY FIVE THOUSAND SIX HUNDRED THIRTY FOUR DOLLARS 14 AND FIFTY SIX CENTS ($2,26, 634..56), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto 16 the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number 2019-0025; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 1146 day of ��r�.� J 20 2o , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as CHAPEL CREEK. PHASE 4. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void, otherwise to remain in full 30 force and effect. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CITY CONDITIONS -- DEVELOPER AWARDED PROJECTS 101873 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the C f it, day of 6 mav-om , 20 2.0 . h- 8 9 10 11 12 13 14 ATTEST: (Principal) Secretary Wi ess as to rincipal ATTEST: (Sure )Sec tart' Witness as to Surety PRINCIPAL: Conatser Construction TX, L.P. R BY: ignature Brock Huggins, President Name and Title Address: 5327 Wichita St. Fort Worth, TX 76119-6035 SURETY: Berkley Insurance Company BY: Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 214/989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical_ address is different from its mailing address, bath must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END of SECTION CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 101873 Revised January 31, 2012 Bond No. 0229604 006219-1 MAINTENANCE BOND Page 1 of 3 SECTION 00 6219 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Conatser Construction TX, L.P. , known. as "Principal" herein and Berkley Insurance Company ., , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, D.R. Horton — Texas, Ltd, authorized to do business in Texas ("Developer") and the City of Fart Worth, a Texas municipal corporation ("City"), in the sum of TWO MILLION TWO HUNDRED SIXITY FIVE THOUSAND SIX HUNDRED THIRTY FOUR DOLLARS AND FIFTY SIX CENTS ($2,265, 634. S6), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 2019-0025; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the I� day of w6u. 20 2 D , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as CHAPEL CREEK PHASE 4; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period'); and CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 101873 Revised January 31, 2012 0062 19-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective work, it is agreed that the Developer or City may cause any and all such defective work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the [united States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CITY CONDITIONS -- DEVELOPER AWARDED PROTECTS 101873 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 20-20. ATTEST: 1k (Principal) Secretary 010 4 - is to lVinc Wo ss S A ES oUO ,� ��n���n� (Surety) Seciery, Witness as to Surety PRINCIPAL- Conatser Construction TX, L.P. OL BY: Aftode Wp-WA� Signature- Ja Brock Huggins, President Name and Title Address: 5327 Wichita St. Fort Worth, TX 76119-6035 SURETY: Berkley Insurance Company BY: Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 101873 Revised January 31, 2012 No. BI-7280 j POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. .� KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E. Cornell; Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; Tina McEwan; Joshua A. Saunders; or Tonie Petranek of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds U .� had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own E proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: cRESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are o hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal o c of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and ct o further ' RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 3 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any .° E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ' ~ ceased to be such at the time when such instruments shall be issued. 0 0 1N WITNESS WHEREOF, the Conn any has caused these presents to be signed and attested by its appropriate officers and its o , corpt�ratL seal hereunto affixed this day of M Ljo I Q -ct Attest: Berkle Insurance Compan o (Seal) By By -� Ira - . ader an Jef ,e fter o o Executive dice President & Secretary en o i 'esident o WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY"' SECURITY PAPER. E STATE OF C€}NNECTICUT ) N } ss: o COUNTY OF FAIRFIELD ) Sworn to before me, a Notary day C�L.� Public in the State of Connecticut, this of t Oq b Ira S. Lederman Cl z ct and Jeffrey M. Ilatler who are sworn to me to be the Executive Nice Prefideyt and Secretary, n the Senior Vice President, >, respectively, of Berkley Insurance CompartOARIA C. RUNDBAKEN tl NOTARY PUBLIC r - i . o MY COMMISSION EXPIRES otary Public, State of Connecticut I/KAPRIL 30, 2019 z CERTIFICATE 4 t I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the _r'.j Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this day of (Seal) 1n ent P. Forte IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866} 768-3534 412 Mount Kemble Avenue, Suite 31ON Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: h ttl2://www.td i. state. tx. us E-mail: Cons umerProtectiongtd i.state.tx. us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. 00 42 43 DA? ., BU) PROPOSAL Pko ge I of7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application' vw4ased- -AAA AA%j1A%__*qAA0"AA4h - - - AA Prqject Item Information Bidder's Proposal 1301st Item: No, Descrition p Specification Unit of I Bid Unit Price Bid Value Section No, Measure Quantity UNIT V., STREET LIGHTING IMPROVEMENTS 0000-AAAAAAAAAA 1 2605,0112 Install El Sere Pedestal 260500) EA 1 $5,689,00 $5,689.00 2 26053015 2" CONDT PVC SCH 80(T) 260533, LF 2370 $8.99 $21,306.30 3 3441.3001 Rdwy Ilium Assmbly TA' 1,4, and 6 314120 E ,154, 0 1,696,00. 4 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 344120 EA 24 $1,258.00 . $30 192. 00 5 41.34104 2-2-2-4 Quadplex Alum Elec Conductor 344120 LF 1200 $3.46 $4,152.00 6 9999.0006. 1.0-10-10 Triplex Copper Elec. Conductor 00 00 00 LF 1 170 $2 . 90 $3,3 93, . 00 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21. 22 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 .39 40 41 42 43 44. 45 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $116,4?L30 J CITYOF FORT WORTH STANDARD CONSTRU 'CTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED mom--rs Form Version Nfay-22,2019 Final contract quantities - 00 42 43_,Bid Proposal-...DAP.-Electricial SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP - BID PROPOSAL Page 2 of 2 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of BidUnit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT V: STREET LIGHTING IMPROVEMENTS $116,42&30 Total Construction Bid $116,428.30 This Bid is submitted by the entity named below: BIDDER: ladependent Utility Construction. Inc. - 4109 Sun N allcy-I t)r Ftirt Nkf)vth.'1-\ 76119 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. BY: TITLE: iresident DATE: 24i2f)2o END OF SECTION working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNENTS - DEVELOPER. AWARDED PROJFCTS Form Version May 22,2019 final contract quantities - 00 42 43—Bid Proposal_DAP—Eleotrielal 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Roadway and Pedestrian lighting INDEPENDENT UTILITY CONSTRUCTION, INC. The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name:�r�I�i�U�f'�ll`� Address: J va, (Signature) TITLE:�,� DATE: —7 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT — DEVELOPER AWARDED PROJECTS 00 45 12—Prequalification Statement 2015—DAP.docx Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 101873. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: 1 y• �- Comp h ny (P ase Print) ! Signature: Address 1 Di i i h .W -7� 11 City/State/Zip THE STATE OF TEXAS COUNTY OF TAR_RANT Title: ���� i �.�' ►�"�� (Please Print) B O .ME, he ndgr i d authority, on this day personally appeared known to me to be the person whose name is subscribed to the fore*gong meat, a now dged 4 o me at e she executed the same as the act and deed o ' �'� i14017 urposes and consideration therein expr ssed and in the capac ty therein stated. UNDER MY HAND AND SEAL OF OFFICE this I ACt f V 20JC) .�� CNRISTINA GARCIA w •.�, Notary Public, State of Texas ot< 1 .. cn. Comm, Expires 12-20-2020 . . i`ti Notary ID 130940785 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 day of Public in and for the tate of Texas CHAPEL CREEK PHASE 4 101873 00 52 43 - 1 Developer Awarded Project Agreement Page I of 1 SECTION 00 52 43 2 AGREE ENT 3 THIS AGREEMENT, authorized on Zi/Z? ZD7A is made by and between the Developer, 4 D.R. Horton -Texas, Ltd, authorized to do business in Texas ("Developer"), and Independent 5 Utility Construction, Inc., authorized to do business in Texas, acting by and through its duly 6 authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein: 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Chapel Creek Phase 4 16 City Project Number: 101873 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 30 working days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101873 Revised April 2, 2014 005243-2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of ONE HUNDRED SIXTEEN THOUSAND FOUR 40 HUNDRED TWENTY EIGHT DOLLARS AND THIRTY CENTS ($116, 428.30). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101873 Revised April 2, 2014 005243-3 Developer Awarded Project Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by anv act, omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction. Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101873 Revised April 2, 2014 116 117 7.6 Authority to Sign. 118 119 120 121 122 123 124 125 126 005243-4 Developer Awarded Project Agreement Page 4 of 4 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: By: (Signature) (Printed Name) Title: �rQ.S�(.1���'(r ComLpany Name. ►1 t�� �e5��v , 16- 6 `t�Yl Address: ) �� �, � Developer: By: (Signatur"Z� Benjamin Clark Title: Assistant Vice President D.R. Horton — Texas, LTD., a Texas Limited Partnership By: D.R. Horton, Inc., a Delaware Corporation, Its Authorized Agent Address: 6751 North Freeway City/State/Zip: City/State/Zip: Fort Worth, Texas 76131 17z- Date 3 /r r/ �Z� Date CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101873 Revised April 2, 2014 0061 13 - 1 PERFORMANCE BOND Page Iof2 Bond No. 070765G 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction, Inc. , known as "Principal" herein and 8 Westfield Insurance Company-, a corporate surety(sureties, if more than one) duly 9 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more) 10 are held and firmly bound unto the Developer, D.R. Horton -- Texas, Ltd., authorized to do 11 business in Texas (".Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of, One Hundred Sixteen Thousand, Four Hundred Twenty -Eight 13 Dollars & Thirty Cents ($116,428.30) lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, jointly unto the 15 Developer and the City as dual obliges, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 19 C FA Number 2019-002 5 ; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer 21 awarded the Z741day of a6t-ogry , 20Z0, which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 23 labor and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Street Li hting Improvements to serve 25 Chapel Creek Phase 4. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 28 perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Chapel Creek Phase 4 STANDARD CITY CONDIT[ONS — DEVELOPER AWARDED PROJECTS City Project No. 101873 Revised January 31, 2012 0061 13 -2 PERFORMANCE BOND Page 2 of 2 Bond No. 070765G PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 244% day of FeLbWanj __,2013. IF 4'ta t Witness Surety Elizabeth Gray PRINCIPAL: INDEPENDEbLT UTILITY CONSTR ON INC. BY: ignature Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: CF Signa e Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic Drive, Suite 450 Plano, Texas 75074 Telephone Number: 972-516-2600 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DF,VFLOPER AWARDED PROJECTS Revised January 31, 2012 Chapel Creek Phase 4 City Project No. 101873 0061 14 - 1 PAYMENT BOND Page 1 of 2 Bond No. 070765G 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction, Inc. , known as "Principal" herein, 8 and Westfield Insurance Company , a corporate surety (or sureties if more than 9 one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer D.R. Horton — Texas, Ltd... authorized to I I do business in Texas ("Developer"), and the City of Fort 'Worth, a Texas municipal corporation 12 ("City"), in the penal sum of One Hundred Sixteen Thousand, Four Hundred Twenty -Eight 13 Dollars & ThiM Cents ($116,428.30) lawful money of the United States, to be paid in Fort 14 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto 15 the Developer and City as dual obligees, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Facilities 19 Agreement, CFA Number 2019-0025 ; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, 21 awarded the 2.7tk day of Rolbv of r y 20 Z a, which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 23 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 24 said Contract and designated as Street LightingImprovements to serve Chapel Creek Phase 4. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. 30 31 32 CITY OF FORT WORTH Chapel Creek Phase 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 101873 Revised January 31, 2012 0061 14-2 PAYMENT BOND Page 2 of 2 Bond No. 070765G 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the" h�kday of ►. �X1 , 20*Z<) 6 7 8 9 10 11 12 13 ATTEST: V ( rincipal) cretary tness as to Yrincip ATTEST: (Surety) Secretary Frank A. Carrino Q�k -9. 1Y, NA r Witness'a to Surety Elizabeth Gray PRINCIPAL: INDEPENDENT UTILITY CONSTOCTION. INS Air Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: Si e Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic Drive, Suite 450 Plano, Texas 75074 Telephone Number: 972-516-2600 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Chapel Creek Phase 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 101873 Rcvised January 31, 2012 00 6219 1. MAINTENANCE BOND Page 1 of 3 Bond No. 070765E 1 SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Independent UtilityConstruction, Inc. , known as "Principal" herein and 9 Westfield Insurance Company , a corporate surety (sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 11 are held and firmly bound unto the Developer, D.R. Horton — Texas, Ltd., authorized to do 12 business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the sum of One Hundred Sixteen Thousand, Four Hundred Twenty -Eight Dollars & 14 Thirty Cents ($116,428.30) lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas, for payment of which sum well and truly be made jointly unto the Developer and 16 the City as dual obligees and their successors, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 2019-0025 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the Z744-. day of r , 20z�, which Contract is hereby referred to and 24 a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 25 labor and other accessories as defined by law, in the prosecution of the 'Work, including any 26 Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 27 provided for in said Contract and designated as Street Lighting Improvements to serve Chapel 28 Creek Phase 4; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH Chapel Creek Phase 4 STANDARD CITY CONDITIONS — DEVEL,OPER AWARDED PROJECTS City Project No. 101873 Revised January 31, 2012 0062 19-2 MAINTENANCE BOND Page 2 of 3 Bond No. 070765G I WHEREAS,, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH Chapel Creek Phase 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 101873 Revised January 31, 2012 17 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 006219-3 MAINTENANCE BOND Page 3 of 3 Bond No. 070765G IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of _ F iruoc,�-) , 20Z0 . A (Y'in ipal retary �t NN4tK ess as to Principal ATTEST: (Surety) Secretary Frank A. Carrino ;t Witness' to Surety Elizabeth Gray PRINCIPAL: INDEPENDENT UTILITY CONSTR TION INC. BY: Signature Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: �u�re Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic Drive, Suite 450 Plano, Texas 75074 Telephone Number: 972-516-2600 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Chapel Creek Phase 4 City Project No. 101873 IMPORTANT NOTICE To obtain information or make a complaint. - You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection(&tdi.state. tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comppny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionRtdi.state. tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company /Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARINU i Nt5 SArvtt POWER # AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220052 06 General WestfieldPower insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a ""Company and collectively as Companies," duly organized and existing under the laws of the State of Ohio, and having its prPicipal office in Westfield Center, Medina County, Ohio, do by these - presents make, constitute and appoint CHARLES D_ SWEENEY, MiCHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- LIMITATION: THiS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the, President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the .premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY- -Be it Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be, and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary_" "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). - In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D., 2011 _ „�aaa.ast4J#0 aa,aat.....,•, tlflttl Corporate ••isu ,��f �,1 -,�•-oO AL � •,, •,.••mil �U WESTFIELD INSURANCE COMPANY Sealsa �,._.--•••..••C�;'�.4 `�P;.-•- _.SG : j'...•••._�`--,y WESTFIELD NATIONAL INSURANCE COMPANY Affixed v:- :tom o_- •---p'; =4:- ;- ':� OHIO FARMERS INSURANCE COMPANY &R TERrj--V� SEAL �`m _ =cam. •'b� � Ire 6.4 Ire y: State of Ohio /664ttIaa•a'` """"```�• Richard L. Kinnaird, Jr., rational Surety Leader and County of Medina ss_: Senior Executive On this 20th day of APRIL A-D., 2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides"in Medina, Ohio; that he, is Senior Exectitive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Seal At_ S Axed Q' ;V - • . William J. Kahelin, A rney at Law, rotary Public w0 State of Ohio do My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.. :;I.qT o�`� 1:7 O fr ••••a.4•at•••a I, Frank A.- Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby. certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Cmparli�,s at Westfield Center, Ohio, this day of A.D., aa,aattt...,.�r, �•„•.ttttttt,tt' o NA c 1 ` J ! SEAL: rn = _ �: _ secretary cn �f _ t. �, ; �,'• ::o ;-. _ = �-; Frank A. Carrino, Secretary ff ,♦ tit t ••I a••a, I /•Ilfalall/ BPOAC2 (combined) (06-02) 32 13 13 - 1 CONCRETE PAVING Page 1 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SECTION 32 13 13 1 CONCRETE PAVING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A.Section includes:5 1.Finished pavement constructed of portland cement concrete including6 monolithically poured curb on the prepared subgrade or other base course.7 B.Deviations from this City of Fort Worth Standard Specification8 1.Deviating from Section 2.4.A.2.b by changed Minimum compressive Strenght from9 standard 3600 Psi to 4000 Psi, per Geotech Recommendation.10 C.Related Specification Sections include, but are not necessarily limited to:11 1.Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract12 2.Division 1 - General Requirements13 3.Section 32 01 29 - Concrete Paving Repair14 4.Section 32 13 73 - Concrete Paving Joint Sealants15 1.2 PRICE AND PAYMENT PROCEDURES 16 A.Measurement17 1.Measurement18 a.Measurement for this Item shall be by the square yard of completed and19 accepted Concrete Pavement in its final position as measured from back of curb20 for various:21 1)Classes22 2)Thicknesses23 2.Payment24 a.The work performed and materials furnished in accordance with this Item will25 be paid for at the unit price bid per square yard of Concrete Pavement.26 3.The price bid shall include:27 a.Shaping and fine grading the placement area28 b.Furnishing and applying all water required29 c.Furnishing, loading and unloading, storing, hauling and handling all concrete30 ingredients including all freight and royalty involved31 d.Mixing, placing, finishing and curing all concrete32 e.Furnishing and installing all reinforcing steel33 f.Furnishing all materials and placing longitudinal, warping, expansion, and34 contraction joints, including all steel dowels, dowel caps and load transmission35 units required, wire and devices for placing, holding and supporting the steel36 bar, load transmission units, and joint filler material in the proper position; for37 coating steel bars where required by the Drawings38 g.Sealing joints39 h.Monolithically poured curb40 i.Cleanup41 CHAPEL CREEK PHASE 4 101873 32 13 13 - 2 CONCRETE PAVING Page 2 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 1.3 REFERENCES 1 A.Reference Standards2 1.Reference standards cited in this specification refer to the current reference standard3 published at the time of the latest revision date logged at the end of this4 specification, unless a date is specifically cited.5 2.ASTM International (ASTM):6 a.A615/A615M, Deformed and Plain Billet-Steel Bars for Concrete7 Reinforcement8 b.C31, Standard Practice for Making and Curing Concrete Test Specimens in the9 Field10 c.C33, Concrete Aggregates11 d.C39, Standard Test Method for Compressive Strength of Cylindrical Concrete12 Specimens13 e.C42, Standard Test Method for Obtaining and Testing Drilled Cores and Sawed14 Beams of Concrete15 f.C94/C94M, Standard Specifications for Ready-Mixed Concrete16 g.C150, Portland Cement17 h.C156, Water Retention by Concrete Curing Materials18 i.C172, Standard Practice for Sampling Freshly Mixed Concrete19 j.C260, Air Entraining Admixtures for Concrete20 k.C309, Liquid Membrane-Forming Compounds for Curing Concrete, Type 221 l.C494, Chemical Admixtures for Concrete, Types “A”, “D”, “F” and “G”22 m.C618, Coal Fly Ash and Raw or Calcined Natural Pozzolan for use as a Mineral23 Admixture in Concrete24 n.C881, Standard Specification for Epoxy-Resin-Base Bonding Systems for25 Concrete26 o.C1064, Standard Test Method for Temperature of Freshly Mixed Hydraulic-27 Cement Concrete28 p.C1602, Standard Specification for Mixing Water Used in the Production of29 Hydraulic Cement Concrete.30 q.D698, Laboratory Compaction Characteristics of Soil Using Standard Effort31 (12,400 ft-lbf/ft3)32 3.American Concrete Institute (ACI):33 a.ACI 305.1-06 Specification for Hot Weather Concreting34 b.ACI 306.1-90, Standard Specification for Cold Weather Concreting35 c.ACI 31836 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 37 1.5 SUBMITTALS [NOT USED] 38 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 39 A.Mix Design: submit for approval. See Item 2.4.A.40 CHAPEL CREEK PHASE 4 101873 32 13 13 - 3 CONCRETE PAVING Page 3 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 2 1.9 QUALITY ASSURANCE [NOT USED] 3 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 4 1.11 FIELD CONDITIONS 5 A.Weather Conditions6 1.Place concrete when concrete temperature is between 40 and 100 degrees when7 measured in accordance with ASTM C1064 at point of placement.8 2.Hot Weather Concreting9 a.Take immediate corrective action or cease paving when the ambient10 temperature exceeds 95 degrees.11 b.Concrete paving operations shall be approved by the City when the concrete12 temperature exceeds 100 degrees. See Standard Specification for Hot Weather13 Concreting (ACI 305.1-06).14 3.Cold Weather Concreting15 a.Do not place when ambient temp in shade is below 40 degrees and falling.16 Concrete may be placed when ambient temp is above 35 degrees and rising or17 above 40 degrees.18 b.Concrete paving operations shall be approved by the City when ambient19 temperature is below 40 degrees. See Standard Specification for Cold Weather20 Concreting (ACI 306.1-90).21 B.Time: Place concrete after sunrise and no later than shall permit the finishing of the22 pavement in natural light, or as directed by the City.23 1.12 WARRANTY [NOT USED] 24 PART 2 - PRODUCTS 25 2.1 OWNER-FURNISHED PRODUCTS [NOT USED] 26 2.2 MATERIALS 27 A.Cementitious Material: ASTM C150.28 B.Aggregates: ASTM C33.29 C.Water: ASTM C1602.30 D.Admixtures: When admixtures are used, conform to the appropriate specification:31 1.Air-Entraining Admixtures for Concrete: ASTM C260.32 2.Chemical Admixtures for Concrete: ASTM C494, Types “A”, “D”, “F” and “G.”33 3.Fly Ash34 a.Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete:35 ASTM C618.36 b.Fly ash may be substituted at one pound per pound of cement up to 25% of the37 specified cement content when such batch design is approved by the Engineer.38 CHAPEL CREEK PHASE 4 101873 32 13 13 - 4 CONCRETE PAVING Page 4 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 E.Steel Reinforcement: ASTM A615.1 F.Steel Wire Reinforcement: Not used for concrete pavement.2 G.Dowels and Tie Bars3 1.Dowel and tie bars: ASTM A615.4 2.Dowel Caps5 a.Provide dowel caps with enough range of movement to allow complete closure6 of the expansion joint.7 b.Caps for dowel bars shall be of the length shown on the Drawings and shall8 have an internal diameter sufficient to permit the cap to freely slip over the bar.9 c.In no case shall the internal diameter exceed the bar diameter by more 1/8 inch,10 and one end of the cap shall be rightly closed.11 3.Epoxy for Dowel and Tie Bars: ASTM C881.12 a.See following table for approved producers of epoxies and adhesives13 14 Pre-Qualified Producers of Epoxies and Adhesives Product Name Producer Concresive 1420 BASF HTE-50 Hilti T 308 + Powers Fasteners P E 1000+ Powers Fasteners C-6 Ramset-Redhead Epcon G-5 Ramset-Redhead Pro-Poxy-300 Fast Tube Unitex Shep-Poxy TxIII CMC Construction Services Ultrabond 1300 Tubes Adhesives Technology Ultrabone 2300 N.S. A-22-2300 Slow Set Adhesives Technology Dynapoxy EP-430 Pecora Corp. EDOT Simpson Strong Tie ET22 Simpson Strong Tie SET 22 Simpson Strong Tie SpecPoxy 3000FS SpecChem 15 b.Epoxy Use, Storage and Handling16 1)Package components in airtight containers and protect from light and17 moisture.18 2)Include detailed instructions for the application of the material and all19 safety information and warnings regarding contact with the components.20 3)Epoxy label requirements21 a)Resin or hardener components22 b)Brand name23 c)Name of manufacturer24 CHAPEL CREEK PHASE 4 101873 32 13 13 - 5 CONCRETE PAVING Page 5 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 d)Lot or batch number1 e)Temperature range for storage2 f)Date of manufacture3 g)Expiration date4 h)Quantity contained5 4)Store epoxy and adhesive components at temperatures recommended by the6 manufacturer.7 5)Do not use damaged or previously opened containers and any material that8 shows evidence of crystallization, lumps skinning, extreme thickening, or9 settling of pigments that cannot be readily dispersed with normal agitation.10 6)Follow sound environmental practices when disposing of epoxy and11 adhesive wastes.12 7)Dispose of all empty containers separately.13 8)Dispose of epoxy by completely emptying and mixing the epoxy before14 disposal15 H.Reinforcement Bar Chairs16 1.Reinforcement bar chairs or supports shall be of adequate strength to support the17 reinforcement bars and shall not bend or break under the weight of the18 reinforcement bars or Contractor’s personnel walking on the reinforcing bars.19 2.Bar chairs may be made of metal (free of rust), precast mortar or concrete blocks or20 plastic.21 3.For approval of plastic chairs, representative samples of the plastic shall show no22 visible indications of deterioration after immersion in a 5-percent solution of23 sodium hydroxide for 120-hours.24 4.Bar chairs may be rejected for failure to meet any of the requirements of this25 specification.26 I.Joint Filler27 1.Joint filler is the material placed in concrete pavement and concrete structures to28 allow for the expansion and contraction of the concrete.29 2.Wood Boards: Used as joint filler for concrete paving.30 a.Boards for expansion joint filler shall be of the required size, shape and type31 indicated on the Drawings or required in the specifications.32 1)Boards shall be of selected stock of redwood or cypress. The boards shall33 be sound heartwood and shall be free from sapwood, knots, clustered34 birdseyes, checks and splits.35 2)Joint filler, boards, shall be smooth, flat and straight throughout, and shall36 be sufficiently rigid to permit ease of installation.37 3)Boards shall be furnished in lengths equal to the width between38 longitudinal joints, and may be furnished in strips or scored sheet of the39 required shape.40 3.Dimensions. The thickness of the expansion joint filler shall be shown on the41 Drawings; the width shall be not less than that shown on the Drawings, providing42 for the top seal space.43 4.Rejection. Expansion joint filler may be rejected for failure to meet any of the44 requirements of this specification.45 J.Joint Sealants. Provide Joint Sealants in accordance with Section 32 13 73.46 CHAPEL CREEK PHASE 4 101873 32 13 13 - 6 CONCRETE PAVING Page 6 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 K.Curing Materials1 1.Membrane-Forming Compounds.2 a.Conform to the requirements of ASTM C309, Type 2, white pigmented3 compound and be of such nature that it shall not produce permanent4 discoloration of concrete surfaces nor react deleteriously with the concrete.5 b.The compound shall produce a firm, continuous uniform moisture-impermeable6 film free from pinholes and shall adhere satisfactorily to the surfaces of damp7 concrete.8 c.It shall, when applied to the damp concrete surface at the specified rate of9 coverage, dry to touch in 1 hour and dry through in not more than 4 hours under10 normal conditions suitable for concrete operations.11 d.It shall adhere in a tenacious film without running off or appreciably sagging.12 e.It shall not disintegrate, check, peel or crack during the required curing period.13 f.The compound shall not peel or pick up under traffic and shall disappear from14 the surface of the concrete by gradual disintegration.15 g.The compound shall be delivered to the job site in the manufacturer's original16 containers only, which shall be clearly labeled with the manufacturer's name,17 the trade name of the material and a batch number or symbol with which test18 samples may be correlated.19 h.When tested in accordance with ASTM C156 Water Retention by Concrete20 Curing Materials, the liquid membrane-forming compound shall restrict the loss21 of water present in the test specimen at the time of application of the curing22 compound to not more than 0.01-oz.-per-2 inches of surface.23 2.3 ACCESSORIES [NOT USED] 24 2.4 SOURCE QUALITY CONTROL 25 A.Mix Design26 1.Concrete Mix Design and Control27 a.At least 10 calendar days prior to the start of concrete paving operations, the28 Contractor shall submit a design of the concrete mix it proposes to use and a29 full description of the source of supply of each material component.30 b.The design of the concrete mix shall produce a quality concrete complying with31 these specifications and shall include the following information:32 1)Design Requirements and Design Summary33 2)Material source34 3)Dry weight of cement/cubic yard and type35 4)Dry weight of fly ash/cubic yard and type, if used36 5)Saturated surface dry weight of fine and coarse aggregates/cubic yard37 6)Design water/cubic yard38 7)Quantities, type, and name of admixtures with manufacturer's data sheets39 8)Current strength tests or strength tests in accordance with ACI 31840 9)Current Sieve Analysis and -200 Decantation of fine and coarse aggregates41 and date of tests42 10)Fineness modulus of fine aggregate43 11)Specific Gravity and Absorption Values of fine and coarse aggregates44 12)L.A. Abrasion of coarse aggregates45 c.Once mix design approved by City, maintain intent of mix design and46 maximum water to cement ratio.47 CHAPEL CREEK PHASE 4 101873 32 13 13 - 7 CONCRETE PAVING Page 7 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 d.No concrete may be placed on the job site until the mix design has been1 approved by the City.2 2.Quality of Concrete3 a.Consistency4 1)In general, the consistency of concrete mixtures shall be such that:5 a)Mortar shall cling to the coarse aggregate6 b)Aggregate shall not segregate in concrete when it is transported to the7 place of deposit8 c)Concrete, when dropped directly from the discharge chute of the mixer,9 shall flatten out at the center of the pile, but the edges of the pile shall10 stand and not flow11 d)Concrete and mortar shall show no free water when removed from the12 mixer13 e)Concrete shall slide and not flow into place when transported in metal14 chutes at an angle of 30 degrees with the horizontal15 f)Surface of the finished concrete shall be free from a surface film or16 laitance17 2)When field conditions are such that additional moisture is needed for the18 final concrete surface finishing operation, the required water shall be19 applied to the surface by hand sprayer only and be held to a minimum20 amount.21 3)The concrete shall be workable, cohesive, possess satisfactory finishing22 qualities and be of the stiffest consistency that can be placed and vibrated23 into a homogeneous mass.24 4)Excessive bleeding shall be avoided.25 5)If the strength or consistency required for the class of concrete being26 produced is not secured with the minimum cement specified or without27 exceeding the maximum water/cement ratio, the Contractor may use, or the28 City may require, an approved cement dispersing agent (water reducer); or29 the Contractor shall furnish additional aggregates, or aggregates with30 different characteristics, or the Contractor may use additional cement in31 order to produce the required results.32 6)The additional cement may be permitted as a temporary measure, until33 aggregates are changed and designs checked with the different aggregates34 or cement dispersing agent.35 7)The Contractor is solely responsible for the quality of the concrete36 produced.37 8)The City reserves the right to independently verify the quality of the38 concrete through inspection of the batch plant, testing of the various39 materials used in the concrete and by casting and testing concrete cylinders40 or beams on the concrete actually incorporated in the pavement.41 b.Standard Class42 1)Unless otherwise shown on the Drawings or detailed specifications, the43 standard class for concrete paving for streets and alleys is shown in the44 following table:45 46 CHAPEL CREEK PHASE 4 101873 32 13 13 - 8 CONCRETE PAVING Page 8 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Standard Classes of Pavement Concrete 1 Class of Concrete1 Minimum Cementitious, Lb./CY 28 Day Min. Compressive, Strength2 psi Maximum Water/ Cementitious, Ratio Course Aggregate Maximum Size inch P 517 4000 0.49 1-1/2 H 564 4500 0.45 1-1/2 1.All exposed horizontal concrete shall have entrained-air.2 2.Minimum Compressive Strength Required.3 3.Compressive strength of Class P has been increased to 4000 psi per the Geotech report4 5 2)Machine-Laid concrete: Class P6 3)Hand-Laid concrete: Class H7 c.High Early Strength Concrete (HES)8 1)When shown on the Drawings or allowed, provide Class HES concrete for9 very early opening of pavements area or leaveouts to traffic.10 2)Design class HES to meet the requirements of class specified for concrete11 pavement and a minimum compressive strength of 2,600 psi in 24 hours,12 unless other early strength and time requirements are shown on the13 Drawings allowed.14 3)No strength overdesign is required.15 16 Standard Classes of Pavement Concrete 17 Class of Concrete1 Minimum Cementitious Lb./CY 28 Day Min. Compressive Strength2 psi Maximum Water/ Cementitious Ratio Course Aggregate Maximum Size, inch HES 564 4500 0.45 1-1/2 18 d.Slump19 1)Slump requirements for pavement and related concrete shall be as specified20 in the following table:21 22 Concrete Pavement Slump Requirements 23 Concrete Use Recommended Design and Placement Slump, inch Maximum Acceptable Placement Slump, inch Slip-Form/Form-Riding Paving 1-1/2 3 Hand Formed Paving 4 5 Sidewalk, Curb and Gutter, Concrete Valley Gutter and Other Miscellaneous Concrete 4 5 24 2)No concrete shall be permitted with slump in excess of the maximums25 shown.26 CHAPEL CREEK PHASE 4 101873 32 13 13 - 9 CONCRETE PAVING Page 9 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 3)Any concrete mix failing to meet the above consistency requirements,1 although meeting the slump requirements, shall be considered2 unsatisfactory, and the mix shall be changed to correct such unsatisfactory3 conditions.4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 INSTALLATION 9 A.Equipment10 1.All equipment necessary for the construction of this item shall be on the project.11 2.The equipment shall include spreading devices (augers), internal vibration,12 tamping, and surface floating necessary to finish the freshly placed concrete in such13 a manner as to provide a dense and homogeneous pavement.14 3.Machine-Laid Concrete Pavement15 a.Fixed-Form Paver. Fixed-form paving equipment shall be provided with forms16 that are uniformly supported on a very firm subbase to prevent sagging under17 the weight of machine.18 b.Slip-Form Paver19 1)Slip-form paving equipment shall be provided with traveling side forms of20 sufficient dimensions, shape and strength so as to support the concrete21 laterally for a sufficient length of time during placement.22 2)City may reject use of Slip-Form Paver if paver requires over-digging and23 impacts trees, mailboxes or other improvements.24 4.Hand-Laid Concrete Pavement25 a.Machines that do not incorporate these features, such as roller screeds or26 vibrating screeds, shall be considered tools to be used in hand-laid concrete27 construction, as slumps, spreading methods, vibration, and other procedures are28 more common to hand methods than to machine methods.29 5.City may reject equipment and stop operation if equipment does not meet30 requirements.31 B.Concrete Mixing and Delivery32 1.Transit Batching: shall not be used – onsite mixing not permitted33 2.Ready Mixed Concrete34 a.The concrete shall be produced in an approved method conforming to the35 requirements of this specification and ASTM C94/C94M. City shall have access36 ready mix to get samples of materials.37 b.City shall have access to ready mix plant to obtain material samples.38 c.When ready-mix concrete is used, sample concrete per ASTM C94 Alternate39 Procedure 2:40 1)As the mixer is being emptied, individual samples shall be taken after the41 discharge of approximately 15 percent and 85 percent of the load.42 CHAPEL CREEK PHASE 4 101873 32 13 13 - 10 CONCRETE PAVING Page 10 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2)The method of sampling shall provide that the samples are representative of1 widely separated portions, but not from the very ends of the batch.2 d.The mixing of each batch, after all materials are in the drum, shall continue until3 it produces a thoroughly mixed concrete of uniform mass as determined by4 established mixer performance ratings and inspection, or appropriate uniformity5 tests as described in ASTM C94.6 e.The entire contents of the drum shall be discharged before any materials are7 placed therein for the succeeding batch.8 f.Retempering or remixing shall not be permitted.9 3.Delivery10 a.Deliver concrete at an interval not exceeding 30 minutes or as determined by11 City to prevent cold joint.12 4.Delivery Tickets13 a.For all operations, the manufacturer of the concrete shall, before unloading,14 furnish to the purchaser with each batch of concrete at the site a delivery ticket15 on which is printed, stamped, or written, the following information to determine16 that the concrete was proportioned in accordance with the approved mix design:17 1)Name of concrete supplier18 2)Serial number of ticket19 3)Date20 4)Truck number21 5)Name of purchaser22 6)Specific designation of job (name and location)23 7)Specific class, design identification and designation of the concrete in24 conformance with that employed in job specifications25 8)Amount of concrete in cubic yards26 9)Time loaded or of first mixing of cement and aggregates27 10)Water added by receiver of concrete28 11)Type and amount of admixtures29 C.Subgrade30 1.When manipulation or treatment of subgrade is required on the Drawings, the work31 shall be performed in proper sequence with the preparation of the subgrade for32 pavement.33 2.The roadbed shall be excavated and shaped in conformity with the typical sections34 and to the lines and grades shown on the Drawings or established by the City.35 3.All holes, ruts and depressions shall be filled and compacted with suitable material36 and, if required, the subgrade shall be thoroughly wetted and reshaped.37 4.Irregularities of more than 1/2 inch., as shown by straightedge or template, shall be38 corrected.39 5.The subgrade shall be uniformly compacted to at least 95 percent of the maximum40 density as determined by ASTM D698.41 6.Moisture content shall be within minus 2 percent to plus 4 percent of optimum.42 7.The prepared subgrade shall be wetted down sufficiently in advance of placing the43 pavement to ensure its being in a firm and moist condition.44 8.Sufficient subgrade shall be prepared in advance to ensure satisfactory prosecution45 of the work.46 CHAPEL CREEK PHASE 4 101873 32 13 13 - 11 CONCRETE PAVING Page 11 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 9.The Contractor shall notify the City at least 24 hours in advance of its intention to1 place concrete pavement.2 10.After the specified moisture and density are achieved, the Contractor shall maintain3 the subgrade moisture and density in accordance with this Section.4 11.In the event that rain or other conditions may have adversely affected the condition5 of the subgrade or base, additional tests may be required as directed by the City.6 D.Placing and Removing Forms7 1.Placing Forms8 a.Forms for machine-laid concrete9 1)The side forms shall be metal, of approved cross section and bracing, of a10 height no less than the prescribed edge thickness of the concrete section,11 and a minimum of 10 feet in length for each individual form.12 2)Forms shall be of ample strength and staked with adequate number of pins13 capable of resisting the pressure of concrete placed against them and the14 thrust and the vibration of the construction equipment operating upon them15 without appreciable springing, settling or deflection.16 3)The forms shall be free from warps, bends or kinks and shall show no17 variation from the true plane for face or top.18 4)Forms shall be jointed neatly and tightly and set with exactness to the19 established grade and alignment.20 5)Forms shall be set to line and grade at least 200 feet, where practicable, in21 advance of the paving operations.22 6)In no case shall the base width be less than 8 inches for a form 8 inches or23 more in height.24 7)Forms must be in firm contact with the subgrade throughout their length25 and base width.26 8)If the subgrade becomes unstable, forms shall be reset, using heavy stakes27 or other additional supports may be necessary to provide the required28 stability.29 b.Forms for hand-laid concrete30 1)Forms shall extend the full depth of concrete and be a minimum of 1-1/231 inches in thickness or equivalent when wooden forms are used, or be of a32 gauge that shall provide equivalent rigidity and strength when metal forms33 are used.34 2)For curves with a radius of less than 250 feet, acceptable flexible metal or35 wood forms shall be used.36 3)All forms showing a deviation of 1/8 inch in 10 feet from a straight line37 shall be rejected.38 2.Settling. When forms settle over 1/8 inch under finishing operations, paving39 operations shall be stopped the forms reset to line and grade and the pavement then40 brought to the required section and thickness.41 3.Cleaning. Forms shall be thoroughly cleaned after each use.42 4.Removal.43 a.Forms shall remain in place until the concrete has taken its final set.44 b.Avoid damage to the edge of the pavement when removing forms.45 c.Repair damage resulting from form removal and honeycombed areas with a46 mortar mix within 24 hours after form removal unless otherwise approved.47 CHAPEL CREEK PHASE 4 101873 32 13 13 - 12 CONCRETE PAVING Page 12 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 d.Clean joint face and repair honeycombed or damaged areas within 24 hours1 after a bulkhead for a transverse construction joint has been removed unless2 otherwise approved.3 e.When forms are removed before 72 hours after concrete placement, promptly4 apply membrane curing compound to the edge of the concrete pavement.5 E.Placing Reinforcing Steel, Tie, and Dowel Bars6 1.General7 a.When reinforcing steel tie bars, dowels, etc., are required they shall be placed8 as shown on the Drawings.9 b.All reinforcing steel shall be clean, free from rust in the form of loose or10 objectionable scale, and of the type, size and dimensions shown on the11 Drawings.12 c.Reinforcing bars shall be securely wired together at the alternate intersections13 and all splices and shall be securely wired at each intersection dowel and load-14 transmission unit intersected.15 d.All bars shall be installed in their required position as shown on the Drawings.16 e.The storing of reinforcing or structural steel on completed roadway slabs17 generally shall be avoided and, where permitted, such storage shall be limited18 to quantities and distribution that shall not induce excessive stresses.19 2.Splices20 a.Provide standard reinforcement splices by lapping and tying ends.21 b.Comply with ACI 318 for minimum lap of spliced bars where not specified on22 the Drawings.23 3.Installation of Reinforcing Steel24 a.All reinforcing bars and bar mats shall be installed in the slab at the required25 depth below the finished surface and supported by and securely attached to bar26 chairs installed on prescribed longitudinal and transverse centers as shown by27 sectional and detailed drawings on the Drawings.28 b.Chairs Assembly. The chair assembly shall be similar and equal to that shown29 on the Drawings and shall be approved by the City prior to extensive30 fabrication.31 c.After the reinforcing steel is securely installed above the subgrade as specified32 in Drawings and as herein prescribed, no loading shall be imposed upon the33 bar mats or individual bars before or during the placing or finishing of the34 concrete.35 4.Installation of Dowel Bars36 a.Install through the predrilled joint filler and rigidly support in true horizontal37 and vertical positions by an assembly of bar chairs and dowel baskets.38 b.Dowel Baskets39 1)The dowels shall be held in position exactly parallel to surface and40 centerline of the slab, by a dowel basket that is left in the pavement.41 2)The dowel basket shall hold each dowel in exactly the correct position so42 firmly that the dowel’s position cannot be altered by concreting operations.43 c.Dowel Caps44 1)Install cap to allow the bar to move not less than 1-1/4 inch in either45 direction.46 5.Tie Bar and Dowel Placement47 a.Place at mid-depth of the pavement slab, parallel to the surface.48 CHAPEL CREEK PHASE 4 101873 32 13 13 - 13 CONCRETE PAVING Page 13 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 b.Place as shown on the Drawings.1 6.Epoxy for Tie and Dowel Bar Installation2 1)Epoxy bars as shown on the Drawings.3 2)Use only drilling operations that do not damage the surrounding operations.4 3)Blow out drilled holes with compressed air.5 4)Completely fill the drilled hole with approved epoxy before inserting the tie6 bar into the hole.7 5)Install epoxy grout and bar at least 6 inches embedded into concrete.8 F.Joints9 1.Joints shall be placed where shown on the Drawings or where directed by the City.10 2.The plane of all joints shall make a right angle with the surface of the pavement.11 3.No joints shall have an error in alignment of more than 1/2 inch at any point.12 4.Joint Dimensions13 a.The width of the joint shall be shown on the Drawings, creating the joint14 sealant reservoir.15 b.The depth of the joint shall be shown on the Drawings.16 c.Dimensions of the sealant reservoir shall be in accordance with manufacturer’s17 recommendations.18 d.After curing, the joint sealant shall be 1/8 inch to 1/4 inch below the pavement19 surface at the center of the joint.20 5.Transverse Expansion Joints21 a.Expansion joints shall be installed perpendicularly to the surface and to the22 centerline of the pavement at the locations shown on the Drawings, or as23 approved by the City.24 b.Joints shall be of the design width, and spacing shown on the Drawings, or as25 approved by the City.26 c.Dowel bars, shall be of the size and type shown on the Drawings, or as27 approved by the City, and shall be installed at the specified spacing.28 d.Support dowel bars with dowel baskets.29 e.Dowels shall restrict the free opening and closing of the expansion join and30 shall not make planes of weaknesses in the pavement.31 f.Greased Dowels for Expansion Joints.32 1)Coat dowels with a thin film of grease or other approved de-bonding33 material.34 2)Provide dowel caps on the lubricated end of each dowel bar.35 g.Proximity to Existing Structures. When the pavement is adjacent to or around36 existing structures, expansions joints shall be constructed in accordance with37 the details shown on the Drawings.38 6.Transverse Contraction Joints39 a.Contraction or dummy joints shall be installed at the locations and at the40 intervals shown on the Drawings.41 b.Joints shall be of the design width, and spacing shown on the Drawings, or as42 approved by the City.43 c.Dowel bars, shall be of the size and type shown on the Drawings, or as44 approved by the City, and shall be installed at the specified spacing.45 d.Joints shall be sawed into the completed pavement surface as soon after initial46 concrete set as possible so that some raveling of the concrete is observed in47 order for the sawing process to prevent uncontrolled shrinkage cracking.48 CHAPEL CREEK PHASE 4 101873 32 13 13 - 14 CONCRETE PAVING Page 14 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 e.The joints shall be constructed by sawing to a 1/4 inch width and to a depth of1 1/3 inch (1/4 inch permitted if limestone aggregate used) of the actual2 pavement thickness, or deeper if so indicated on the Drawings.3 f.Complete sawing as soon as possible in hot weather conditions and within a4 maximum of 24 hours after saw cutting begins under cool weather conditions.5 g.If sharp edge joints are being obtained, the sawing process shall be sped up to6 the point where some raveling is observed.7 h.Damage by blade action to the slab surface and to the concrete immediately8 adjacent to the joint shall be minimized.9 i.Any portion of the curing membrane which has been disturbed by sawing10 operations shall be restored by spraying the areas with additional curing11 compound.12 7.Transverse Construction Joints13 a.Construction joints formed at the close of each day’s work or when the placing14 of concrete has been stopped for 30-minutes or longer shall be constructed by15 use of metal or wooden bulkheads cut true to the section of the finished16 pavement and cleaned.17 b.Wooden bulkheads shall have a thickness of not less than 2-inch stock material.18 c.Longitudinal bars shall be held securely in place in a plane perpendicular to the19 surface and at right angles to the centerline of the pavement.20 d.Edges shall be rounded to 1/4 inch radius.21 e.Any surplus concrete on the subgrade shall be removed upon the resumption of22 the work.23 8.Longitudinal Construction Joints24 a.Longitudinal construction joints shall be of the type shown on the Drawings.25 9.Joint Filler26 a.Joint filler shall be as specified in 2.2.I of the size and shape shown on the27 Drawings.28 b.Redwood Board joints shall be used for all pavement joints except for29 expansion joints that are coincident with a butt joint against existing30 pavements.31 c.Boards with less than 25-percent of moisture at the time of installation shall be32 thoroughly wetted on the job.33 d.Green lumber of much higher moisture content is desirable and acceptable.34 e.The joint filler shall be appropriately drilled to admit the dowel bars when35 required.36 f.The bottom edge of the filler shall extend to or slightly below the bottom of the37 slab. The top edge shall be held approximately 1/2 inch below the finished38 surface of the pavement in order to allow the finishing operations to be39 continuous.40 g.The joint filler may be composed of more than one length of board in the41 length of joint, but no board of a length less than 6 foot may be used unless42 otherwise shown on the Drawings.43 h.After the removal of the side forms, the ends of the joints at the edges of the44 slab shall be carefully opened for the entire depth of the slab.45 10.Joint Sealing. Routine pavement joints shall be filled consistent with paving details46 and as specified in Section 32 13 73. Materials shall generally be handled and47 applied according to the manufacturer’s recommendations as specified in Section48 32 13 73.49 CHAPEL CREEK PHASE 4 101873 32 13 13 - 15 CONCRETE PAVING Page 15 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 G.Placing Concrete1 1.Unless otherwise specified in the Drawings, the finished pavement shall be2 constructed monolithically and constructed by machined laid method unless3 impractical.4 2.The concrete shall be rapidly deposited on the subgrade in successive batches and5 shall be distributed to the required depth and for the entire width of the pavement6 by shoveling or other approved methods.7 3.Any concrete not placed as herein prescribed within the time limits in the following8 table will be rejected. Time begins when the water is added to the mixer.9 Temperature – Time Requirements 10 Concrete Temperature (at point of placement) Max Time – minutes (no retarding agent) Max Time – minutes (with retarding agent)1 Non-Agitated Concrete All temperatures 45 45 Agitated Concrete Above 90°F Time may be reduced by City 75 Above 75°F thru 90°F 60 90 75°F and Below 60 120 1 Normal dosage of retarder. 11 12 4.Rakes shall not be used in handling concrete.13 5.At the end of the day, or in case of unavoidable interruption or delay of more than14 30 minutes or longer to prevent cold joints, a transverse construction joint shall be15 placed in accordance with 3.4.F.7 of this Section.16 6.Honeycombing17 a.Special care shall be taken in placing and spading the concrete against the18 forms and at all joints and assemblies so as to prevent honeycombing.19 b.Excessive voids and honeycombing in the edge of the pavement, revealed by20 the removal of the side forms, may be cause for rejection of the section of slab21 in which the defect occurs.22 H.Finishing23 1.Machine24 a.Tolerance Limits25 1)While the concrete is still workable, it shall be tested for irregularities with26 a 10 foot straightedge placed parallel to the centerline of the pavement so as27 to bridge depressions and to touch all high spots.28 2)Ordinates measured from the face of the straightedge to the surface of the29 pavement shall at no place exceed 1/16 inch-per-foot from the nearest point30 of contact.31 3)In no case shall the maximum ordinate to a 10 foot straightedge be greater32 than 1/8 inch.33 CHAPEL CREEK PHASE 4 101873 32 13 13 - 16 CONCRETE PAVING Page 16 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 4)Any surface not within the tolerance limits shall be reworked and1 refinished.2 b.Edging3 1)The edges of slabs and all joints requiring edging shall be carefully tooled4 with an edger of the radius required by the Drawings at the time the5 concrete begins to take its “set” and becomes non-workable.6 2)All such work shall be left smooth and true to lines.7 2.Hand8 a.Hand finishing permitted only in intersections and areas inaccessible to a9 finishing machine.10 b.When the hand method of striking off and consolidating is permitted, the11 concrete, as soon as placed, shall be approximately leveled and then struck off12 with screed bar to such elevation above grade that, when consolidated and13 finished, the surface of the pavement shall be at the grade elevation shown on14 the Drawings.15 c.A slight excess of material shall be kept in front of the cutting edge at all times.16 d.The straightedge and joint finishing shall be as prescribed herein.17 I.Curing18 1.The curing of concrete pavement shall be thorough and continuous throughout the19 entire curing period.20 2.Failure to provide proper curing as herein prescribed shall be considered as21 sufficient cause for immediate suspension of the paving operations.22 3.The curing method as herein specified does not preclude the use of any of the other23 commonly used methods of curing, and the City may approve another method of24 curing if so requested by the Contractor.25 4.If any selected method of curing does not afford the desired results, the City shall26 have the right to order that another method of curing be instituted.27 5.After removal of the side forms, the sides of the slab shall receive a like coating28 before earth is banked against them.29 6.The solution shall be applied, under pressure with a spray nozzle, in such a manner30 as to cover the entire surfaces thoroughly and completely with a uniform film.31 7.The rate of application shall be such as to ensure complete coverage and shall not32 exceed 20-square-yards-per-gallon of curing compound.33 8.When thoroughly dry, it shall provide a continuous and flexible membrane, free34 from cracks or pinholes, and shall not disintegrate, check, peel or crack during the35 curing period.36 9.If for any reason the seal is broken during the curing period, it shall be immediately37 repaired with additional sealing solution.38 10.When tested in accordance with ASTM C156 Water Retention by Concrete Curing39 Materials, the curing compound shall provide a film which shall have retained40 within the test specimen a percentage of the moisture present in the specimen when41 the curing compound was applied according to the following.42 11.Contractor shall maintain and properly repair damage to curing materials on43 exposed surfaces of concrete pavement continuously for a least 72 hours.44 J.Monolithic Curbs45 CHAPEL CREEK PHASE 4 101873 32 13 13 - 17 CONCRETE PAVING Page 17 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 1.Concrete for monolithic curb shall be the same as for the pavement and, if carried1 back from the paving mixer, shall be placed within 20-minutes after being mixed.2 2.After the concrete has been struck off and sufficiently set, the exposed surfaces3 shall be thoroughly worked with a wooden flat.4 3.The exposed edges shall be rounded by the use of an edging tool to the radius5 indicated on the Drawings.6 4.All exposed surfaces of curb shall be brushed to a smooth and uniform surface.7 K.Alley Paving8 1.Alley paving shall be constructed in accordance with the specifications for concrete9 paving hereinbefore described, in accordance with the details shown on the10 Drawings, and with the following additional provisions:11 a.Alley paving shall be constructed to the typical cross sections shown on the12 Drawings.13 b.Transverse expansion joints of the type shown on the Drawings shall be14 constructed at the property line on each end of the alley with a maximum15 spacing of 600 feet.16 c.Transverse contraction and dummy joints shall be placed at the spacing shown17 on the Drawings.18 d.Contraction and dummy joints shall be formed in such a manner that the19 required joints shall be produced to the satisfaction of the City.20 e.All joints shall be constructed in accordance with this specification and filled21 in accordance with the requirement of Section 32 13 73.22 L.Pavement Leaveouts23 1.Pavement leaveouts as necessary to maintain and provide for local traffic shall be24 provided at location indicated on the Drawings or as directed by the City.25 2.The extent and location of each leaveout required and a suitable crossover26 connection to provide for traffic movements shall be determined in the field by the27 City.28 3.5 REPAIR 29 A.Repair of concrete pavement concrete shall be consistent with the Drawings and as30 specified in Section 32 01 29.31 3.6 RE-INSTALLATION [NOT USED] 32 3.7 SITE QUALITY CONTROL 33 A.Concrete Placement34 1.Place concrete using a fully automated paving machine. Hand paving only35 permitted in areas such as intersections where use of paving machine is not36 practical37 a.All concrete pavement not placed by hand shall be placed using a fully38 automated paving machine as approved by the City.39 b.Screeds will not be allowed except if approved by the City.40 B.Testing of Materials41 1.Samples of all materials for test shall be made at the expense of the City, unless42 otherwise specified in the special provisions or in the Drawings.43 CHAPEL CREEK PHASE 4 101873 32 13 13 - 18 CONCRETE PAVING Page 18 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2.In the event the initial sampling and testing does not comply with the specifications,1 all subsequent testing of the material in order to determine if the material is2 acceptable shall be at the Contractor’s expense at the same rate charged by the3 commercial laboratories.4 3.All testing shall be in accordance with applicable ASTM Standards and concrete5 testing technician must be ACI certified or equivalent.6 C.Pavement Thickness Test7 1.Upon completion of the work and before final acceptance and final payment shall8 be made, pavement thickness test shall be made by the City.9 2.The number of tests and location shall be at the discretion of the City, unless10 otherwise specified in the special provisions or on the Drawings.11 3.The cost for the initial pavement thickness test shall be the expense of the City.12 4.In the event a deficiency in the thickness of pavement is revealed during normal13 testing operations, subsequent tests necessary to isolate the deficiency shall be at14 the Contractor’s expense.15 5.The cost for additional coring test shall be at the same rate charged by commercial16 laboratories.17 6.Where the average thickness of pavement in the area found to be deficient in18 thickness by more than 0.20 inch, but not more than 0.50 inch, payment shall be19 made at an adjusted price as specified in the following table.20 21 Deficiency in Thickness Determined by Cores Proportional Part Of Contract Price Inches Allowed 0.00 – 0.20 100 percent 0.21 – 0.30 80 percent 0.31 – 0.40 70 percent 0.41 – 0.50 60 percent 22 7.Any area of pavement found deficient in thickness by more than 0.50 inch but not23 more than 0.75 inch or 1/10 of the thickness specified on the Drawings, whichever24 is greater, shall be evaluated by the City.25 8.If, in the judgment of the City the area of such deficiency should not be removed26 and replaced, there shall be no payment for the area retained.27 9.If, in the judgment of the City, the area of such deficiency warrants removal, the28 area shall be removed and replaced, at the Contractor’s entire expense, with29 concrete of the thickness shown on the Drawings.30 10.Any area of pavement found deficient in thickness by more than 0.75 inch or more31 than 1/10 of the plan thickness, whichever is greater, shall be removed and32 replaced, at the Contractor’s entire expense, with concrete of the thickness shown33 on the Drawings.34 11.No additional payment over the contract unit price shall be made for any pavement35 of a thickness exceeding that required by the Drawings.36 D.Pavement Strength Test37 CHAPEL CREEK PHASE 4 101873 32 13 13 - 19 CONCRETE PAVING Page 19 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 1.During the progress of the work the City shall provide trained technicians to cast1 test cylinders for conforming to ASTM C31, to maintain a check on the2 compressive strengths of the concrete being placed.3 2.After the cylinders have been cast, they shall remain on the job site and then4 transported, moist cured, and tested by the City in accordance with ASTM C31 and5 ASTM C39.6 3.In each set, 1 of the cylinders shall be tested at 7 days, 2 cylinders shall be tested at7 28 days, and 1 cylinder shall be held or tested at 56 days, if necessary.8 4.If the 28 day test results indicate deficient strength, the Contractor may, at its option9 and expense, core the pavement in question and have the cores tested by an10 approved laboratory, in accordance with ASTM C42 and ACI 318 protocol, except11 the average of all cores must meet 100 percent of the minimum specified strength,12 with no individual core resulting in less than 90 percent of design strength, to13 override the results of the cylinder tests.14 5.Cylinders and/or cores must meet minimum specified strength. If cylinders do not15 meet minimum specified strength, additional cores shall be taken to identify the16 limits of deficient concrete pavement at the expense of the Contractor.17 6.Cylinders and/or cores must meet minimum specified strength. Pavement not18 meeting the minimum specified strength shall be subject to the money penalties or19 removal and placement at the Contractor’s expense as show in the following table.20 21 Percent Deficient Percent of Contract Price Allowed Greater Than 0 percent - Not More Than 10 percent 90-percent Greater Than 10 percent - Not More Than 15 percent 80-percent Greater Than 15 percent 0-percent or removed and replaced at the entire cost and expense of Contractor as directed by City 22 7.The amount of penalty shall be deducted from payment due to Contractor; such as23 penalty deducted is to defray the cost of extra maintenance.24 8.The strength requirements for structures and other concrete work are not altered by25 the special provision.26 9.No additional payment over the contract unit price shall be made for any pavement27 of strength exceeding that required by the Drawings and/or specifications.28 E.Cracked Concrete Acceptance Policy29 1.If cracks exist in concrete pavement upon completion of the project, the Project30 Inspector shall make a determination as to the need for action to address the31 cracking as to its cause and recommended remedial work.32 2.If the recommended remedial work is routing and sealing of the cracks to protect33 the subgrade, the Inspector shall make the determination as to whether to rout and34 seal the cracks at the time of final inspection and acceptance or at any time prior to35 the end of the project maintenance period. The Contractor shall perform the routing36 and sealing work as directed by the Project Inspector, at no cost to the City,37 regardless of the cause of the cracking.38 CHAPEL CREEK PHASE 4 101873 32 13 13 - 20 CONCRETE PAVING Page 20 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 3.If remedial work beyond routing and sealing is determined to be necessary, the1 Inspector and the Contractor will attempt to agree on the cause of the cracking. If2 agreement is reached that the cracking is due to deficient materials or workmanship,3 the Contractor shall perform the remedial work at no cost to the City. Remedial4 work in this case shall be limited to removing and replacing the deficient work with5 new material and workmanship that meets the requirements of the contract.6 4.If remedial work beyond routing and sealing is determined to be necessary, and the7 Inspector and the Contractor agree that the cause of the cracking is not deficient8 materials or workmanship, the City may request the Contractor to provide an9 estimate of the cost of the necessary remedial work and/or additional work to10 address the cause of the cracking, and the Contractor will perform that work at the11 agreed-upon price if the City elects to do so.12 5.If remedial work is necessary, and the Inspector and the Contractor cannot agree on13 the cause of the cracking, the City may hire an independent geotechnical engineer14 to perform testing and analysis to determine the cause of the cracking. The15 contractor will escrow 50 percent of the proposed costs of the geotechnical contract16 with the City. The Contractor and the City shall use the services of a geotechnical17 firm acceptable to both parties.18 6.If the geotechnical engineer determines that the primary cause of the cracking is the19 Contractor’s deficient material or workmanship, the remedial work will be20 performed at the Contractor’s entire expense and the Contractor will also reimburse21 the City for the balance of the cost of the geotechnical investigation over and above22 the amount that has previously been escrowed. Remedial work in this case shall be23 limited to removing and replacing the deficient work with new material and24 workmanship that meets the requirements of the contract.25 7.If the geotechnical engineer determines that the primary cause of the cracking is not26 the Contractor’s deficient material or workmanship, the City will return the27 escrowed funds to the Contractor. The Contractor, on request, will provide the City28 an estimate of the costs of the necessary remedial work and/or additional work and29 will perform the work at the agreed-upon price as directed by the City.30 3.8 SYSTEM STARTUP [NOT USED] 31 3.9 ADJUSTING [NOT USED] 32 3.10 CLEANING [NOT USED] 33 3.11 CLOSEOUT ACTIVITIES [NOT USED] 34 3.12 PROTECTION [NOT USED] 35 3.13 MAINTENANCE [NOT USED] 36 3.14 ATTACHMENTS [NOT USED] 37 38 CHAPEL CREEK PHASE 4 101873 32 13 13 - 21 CONCRETE PAVING Page 21 of 21 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 1.2.A – Modified items to be included in price bid 05/21/2014 Doug Rademaker 2.2.D – Modified to clarify acceptable fly ash substitution in concrete paving 3 CHAPEL CREEK PHASE 4 101873 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by --- ..,,.,, ^.*.9 P,,9,.,".. . A$CE:{#i'!,W National Society of Professional Engineers Protesional Engineus in Privale Pnclicc AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE Endorsedqt Y by BfCDC C-700 Standard Gencral Conditions of the Construction Confract Coovrisht @ 2007 Nationrl Societv of Professional Engineers for EJCDC. All rights resewed. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDCC-520 or C-525,2007 Editions). Their provisions are intenelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright @ 2007 National Society of Professional Engineers | 420 King Street, Alexandria, V A 223 | 4-27 9 4 (703) 684-2882 \t\\n\.'.11spe.org American Council of Engineering Companies l0l5 l5th StreetN.W., Washington, DC 20005 (202) 347-7474 w\\ry.acec.orq American Society of Civil Engineers l80l Alexander Bell Drive. Reston. VA 201914400 (8oq s4:8-2723 rv\vw.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) s48-31 l8 1\,1W\,.3lIC.OI8 The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. E fCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Socie{v of Professional Engineers for EJCDC All righb resen'ed. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article I - Definitions and Terminology................ .............. I 1.01 Defined Terms........ ........................1 1.02 Terminology ................5 Article 2 - Preliminary Matters .......6 2.01 Delivery of Bonds and Evidence of Insurance............ ........6 2.02 Copies of Documents................. .......................6 2.03 Commencement of Contract Times; Notice to Proceed. ........................6 2.04 Starting the Work ........7 2.05 Before Starting Construction................ ............7 2.06 Preconstruction Conference; Designation of Authorized Representatives..................................7 2.07 Initial Acceptance of Schedu1es................. ................... .......7 Article 3 - Contract Documents: Intent, Amending, Reuse ...................8 3.02 Reference Standards... ....................8 3.03 Reporting and Resolving Discrepancies............ ..................9 3.04 Amending and Supplementing Contract Documents ..........9 3.05 Reuse of Documents............... ....:...................l0 3.06 Electronic Data........... ..................10 Article 4 - Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points......... ......................1I 4.01 Availability of Lands.... ................1I 4.02 Subsurface and Physical Conditions................. .................1I 4.03 Differing Subsurface or Physical Conditions ....................12 4.04 Underground Facilities. ................13 4.05 Reference Points......... ..................14 4.06 Hazardous Environmental Condition at Site..... ................14 Article 5 - Bonds and Insurance............... ........ 16 5.01 Performance, Payment, and Other Bonds........ ..................16 5.02 Licensed Sureties and Insurers................. ....... 16 5.03 Certificates of Insurance ................ .................17 5.04 Contractor's Insurance ................. 17 5.05 Owner's Liability Insurance... ......19 5.06 Property Insurance... ................... .....................19 5.07 Waiver of Rights .......20 5.08 Receipt and Application of Insurance Proceeds.........................................................................21 EJCDC C-700 Standard General Conditions of the Construction Contrsct Copyright @ 2007 Nrtional Societ"v of Professional Engineers for EJCDC. All righb reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace...............'....'........................................21 5.10 Partial Utilization, Acknowledgment of Properfy Insurer....... :...............................22 Article 6 - Cohtractor's Responsibilities .........22 6.01 Supervision and Superintendence..... ..............22 6.02 Labor; Working Hours........ .........22 6.03 Services, Materials, and Equipment............. .....................22 6.04 Progress Schedule .....23 6.05 Substitutes and "Or-Equals".......... .................23 6.06 Concerning Subcontractors, Suppliers, and Others........ ......................25 6.07 Patent Fees and Royalties ............27 6.08 6.09 Laws and Regulations ..................28 6.l0 6.11 Use of Site and Other Areas......... ...................28 6.12 Record Documents .......................29 6.13 Safety and Protection ............. ......29 6.14 Safety Representative.............. .....30 Z:iZ ffiAllffIT:*:::::llll:::::::::::::::: :::::::::::::::::::::::: ::::: :: ::::::::::::::::::::::::::::::::::::::13 6.17 Shop Drawings and Samples .......31 6.18 Continuing the Work... .................32 6.19 Contractor's General Warranty and Guarantee............... .....................33 6.20 Indemnification ............. ...............33 .6.21 Delegation of Professional Design Services..... .................34 Article 7 - Other Work at the Site.. ..................35 7.01 Related Work at Site ....................35 7 .02 Coordination................. ................35 7.03 Legal Relationships..... .................36 Article 8 - Owner's Responsibilities............ .......................36 8.01 Communications to Contractor. ......................36 8.02 Replacement of Engineer................. ...............36 8.03 Furnish Data........... ......................36 8.04 ' Pay When Due............ ..................36 8.05 Lands and Easements; Reports and Tests. ......36 8.06 Insurance... .................36 8.07 Change Orders........ ......................37 8.08 Inspections, Tests, and Approvals............. .....37 8.09 Limitations on Owner's Responsibilities........... ...............37 8.10 Undisclosed Hazardous Environmental Condition ...........37 8.11 Evidence of Financial Arrangements............ .....................37 8.12 Compliance with Safety Program ................... ...................37 Article 9 - Engineer's Status During Construction................. ...............37 9.01 Owner's Representative............. .....................37 E TCDC C-700 Standard Genersl Conditions of the Construction Contrect Copyright @ 2007 Netional Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site ..............37 9.03 Project Representative.............. .......................38 9.04 Authorized Variations in Work ......................38 9.05 Rejecting Defective Work......... ......................38 9.06 Shop Drawings, Change Orders and Payments................. ...................39 9.07 Determinations for Unit Price Work ..............39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39 9.09 Limitations on Engineer's Authority and Responsibilities ..................39 9.10 Compliance with Safety Program ...................40 Article l0 - Changes in the Work; Claims ......40 10.01 Authorized Changes in the Work ...................40 10.02 Unauthorized Changes in the Work ................41 10.03 Execution of Change Orders ........41 10.04 Notification to Surety.... ...............41 Article l1 - Cost ofthe Work; Allowances; Unit Price Work ..............42 11.01 Cost of the Work............................ ................... .................42 11.02 Allowances......... .......45 1 1.03 Unit Price Work ........45 Article |Z-Change of Contract Price; Change of Contract Times ......46 12.01 Change of Contract Price................... .............46 12.02 Change of Contract Times ...........47 Article l3 - Tests and Inspections; Conection, Removal or Acceptance of Defective Work.......................48 13.01 Notice of Defects .......48 13.02 Access to Work .........48 13.03 Tests and Inspections........... ........49 13.04 Uncovering Work......... ................49 13.05 Owner May Stop the Work......... ....................50 13.06 Conection or Removal of Defective Work .......................50 13.07 Correction Period ........:................50 13.08 Acceptance of Defective Work...... .................51 13.09 Owner Mav Correct Defective Work .............52 Article 14 - Payments to Contractor and Completion ........52 14.01 Schedule of Va1ues............... ........52 14.02 Progress Payments ................ .......52 14.03 Contractor's Warranty of Title....... .................55 14.04 Substantial Completion...--............... ................55 14.05 Partial Utilization ......56 14.06 Final Inspection .........57 14.07 Final Payment..... .......57 14.08 Final Completion Delayed ...........58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserved. . 14.09 Waiverof Claims ......58 Article 15 - Suspension of Work and Termination.......... .....................59 15.01 Owner May Suspend Work......... ....................59 15.02 Owner May Terminate for Cause ...................59 15.03 Owner May Terminate For Convenience.......... ................60 15.04 Contractor May Stop Work or Terminate................. .........60 Article 16 - Dispute Reso1ution................ .......61 16.01 Methods and Procedures. .............61 17.01 GivingNotice ............61 17.02 Computation of Times .................62 17.03 Cumulative Remedies ..................62 17.04 Survival of Obligations......... .......62 17.05 Controlling Law........... :...............62 17.06 Headings............ ......:............ ........62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright I2007 National Societv of Professional Engineers for EJCDC All righs reserved. Page iv ARTICLE 1 _ DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. l. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement-The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Applicationfor Paymenf-The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos-Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid-The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder-The individual or entity who submits a Bid directly to Owner. 7. Bidding DocumentsJhe Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements-The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order-A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Clain-A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third parfy is not a Claim. ll. Contracr-The entire and integrated written agreement between the Owner and Contractor conceming the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EICDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC All righb reserved. Page I of 62 12. Contract Documenrs-Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price---The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 74. Contract Times--:fhe number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final.payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work-See Paragraph I 1.01 for definition. 17. Dravings---That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer-The individual or entity named as such in the Agreement. 20. Field Order-A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requiremenrs-Sections of Division I of the Specifications. 22. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous lTaste-The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Lows and Regulations; Laws or Regulations-Any and all applicable laws, rules, regulations, ordinances, codes, and orders ofany and all governmental bodies, agencies, authorities, and courts having j urisdiction. 25. Liens-Charges, security interests, or enclmbrances upon Project funds, real property, or personal properly. 26. Milestone-A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EICDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society ofProfessionel Engineers for EJCDC All righb resened. Page2 of 62 27. Notice of Award-The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed-A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner-The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs-Polychlorinated biphenyls. 31. Petroleun-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule-A schedule, prepared and maintained by Contractor, desoibing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract' Documents may be the whole, or a part. 34. Project Manual--Ihe bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative--The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor' s Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 Nationrl Society of Professionel Enginecrs for EJCDC All righb reserved. Paee3 of 62 40. Shop Drowings-All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site-Lands or areas indicated in the Contract Documents as being fumished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications-That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor-An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion-The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder---The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions-That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furirish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work-Work to be paid for on the basis of unit prices. 50. Work--:fhe entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and fumishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive-A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EICDC C-700 Standard General Conditions of the Construction Contract CopyrightO200T National SocietyofProfessionrl Engineers forEJCDC. All righb reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminolog,t The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. Intent of Certain Terms or Adjectives: l. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be eflective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: l. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: l. The word "defective," when modiffing the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). A. B. E CDC C-700 Stenderd General Conditions ofthe Construction Contract Copyright @ 2007 National Society of Professionel Engineers for EJCDC All rights reserued. Pase 5 of 62 E. Furnish, Install, Perform, Provide : l. The word "furnish," when used in connection with services, materials, or equipment, shall . mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete' and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perfom," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 _ PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. Evidence of Insurance.' Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall fumish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Eflective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright O 2007 National Society of Professionol Engineers for EJCDC All rights reservcd, Page 6 of 62 A. B. 2.04 Starting the l{ork A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within l0 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: l. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of . items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules refened to in Paragraph 2.05.A, procedures for handling Shop Drawings aird other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Inilial Acceptance of Schedules A. At least l0 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.4. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. l. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EICDC C-700 Standard General Conditions ofthe Construction Contrect Copyright @ 2007 National Society of Professional Engineers for EJCDC All righa resen'ed' Page7 ot 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 _ CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be infened from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 ReferenceStandards A. Standards, Specifications, Codes, Laws, and Regulations l. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in eflect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a -Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be eflective to assign to Owner, Engineer, or any of their oflicers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Stsndard General Conditions of the Construction Contract Copyright @ 2007 National Society of Profcssional Enginccrs for EJCDC All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Disuepancies A. Reporting Discrepancies: l. Contractor's Review of Contract Documents Before Starting l(ork: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge ol and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.,{) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: l. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation ofthe provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modiff the terms and conditions thereof by either a Change Order or a Work Chanse Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: EICDC C-700 Standerd General Conditions ofthe Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC' All righ6 reserved. Page 9 of 62 l. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: l. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or' other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A.Unless otherwise stated in the Supplementary Conditions, the data fumished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, dat4 graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transfened. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. When transferring documents in electronic media format, the transfening party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. B. C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 Netional Society of Professionrl Engineers for EJCDC AII rights reserryed. Prge l0 of 62 ARTICLE 4 _ AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZAR-DOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands Owner shall fumish the Site. Owner shall notiff Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's fumishing the Site or a part thereof, Contractor may make a Claim therefor'as provided in Paragraph 10.05. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions l A. Reports and Drawings; The Supplementary Conditions identiff: l. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions ,.iating to .existing surface or subsurface structures at the Site (except Underground Facilities) B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the . accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical dala," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident A. B. thereto; or 2. other data, interpretations, opinions, indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn.from any "technical data" or any such other data, interpretations, opinions, or information. and information contained in such reports or shown or E CDC C-700 Standard Generel Conditions of the Construction Contrect Copyright I 2007 National Soiiety of Professional Engineers for EJCDC, All rights reserved. Page ll of 62 4.03 Dffiring Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: l. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (exceit in an emergency as required by Paragraph 6.16.4.), notit/ Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review;After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: l. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and I 1.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respeci to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyiight @ 2007 National Society of Professional Engineers for EJCDC All righb rescrved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.4. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, afiorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 UndergroundFacilities A. Shou,n or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: l.Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and. the cost'of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: l. If an Underground Facility is uncovered orrevealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identiff the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer.. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Stendard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC All rights reserved. Pege 13 of 62 2. consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identiff those reports and drawings known to Owner relatine to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their.officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: l. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyrightg200TNationalsocietyofProfessionalEngineersforEJCDC Allrighbreservid. Pagel4 of 62 D. C. G. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) noti8/ Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer conceming the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.8. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) speci$ing any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agrce as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph r 0.05. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. To the fullest extent permitted by Laws and Regulations, Owner shall indemnifu and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any ofthem from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. E. F. EICDC C-700 Standerd Generel Conditions ofthe Construction Contrrct Copyright @ 2007 National Societv of Professionrl Engineers for EJCDC All righB reserved. Pagc 15 of 62 To the fullest extent permitted by Laws and Regulations, Contractor shall indemnifu and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AI\D INSURANCE 5.01 Performance, Payment, and Other Bonds Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13:07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. All bonds shall .be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attomey-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. If the surety on any bond fumished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.8, Contractor shall promptly notify Owner and Engine6r and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.8 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EICDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Profe:tif:l?T,"*" for EJCDC. All rights reserved. H. I. A. B. c. meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from . the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall noi be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: l. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: E ICDC C-700 Standard General Conditions of the Construction Contrrct Copyright O 2007 National Society of Professionrl Engineers for EJCDC All righb resetred. Page 17 of 62 B. a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or properly damage arising out of the ownership, maintenance or use of any motor vehicle. The policitis of insurance required by this Paragraph 5.04 shall: l. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occuffence basis, include as additional insureds (subject to any customary' exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific .ou.rur., and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.1 | and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall fumish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professionrl Engineers for EJCDC All rights reserved. Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Propertylnsurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: l. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief earthquake,. collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, . water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and . equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to wlom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which'will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard Generel Conditions ofthe Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC All righb reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be bome by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents,,consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any ofthem for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professionrl Enginee rs for EJCDC All righE reserved. Page 20 of 62 l. loss due to business intenuption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any properly insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any.loss, damage or consequential loss refened to in Paragraph 5.07.8 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any ofthem. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.8. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner ai fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notiff the other party in writing within l0 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.8. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other parry's EJCDC C-700 Strndard General Conditions of the Construction Contract Copyright @ 2007 Netional Society ofProfessional Engineers for EJCDC. All righB resen'ed. Pagc2l of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Achtowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06.have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account ofany such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. 6.0r B. At all times during the progress of the superintendent who shall not be replaced under extraordinary circumstances. 6.02 Labor; Working Hours Work, Contractor shall assign a competent resident without written notice to Owner and Engineer except Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Mater.ials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. EJCDC C-700 Stsndgrd General Conditions of the Construction Contrsct CopyrightO200TNationalSocietyofProfessionalEngineersforEJCDC. Allrightsreserved. Paze22 of 62 A. B. I B. All materials and equipment incorporated into the Work shall be as specified or, if not.specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractoi shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. l. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless . the specification or description contains or is followed by words reading that no like, equivalent,' or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the . circumstances described below. l. "Or-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.4.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: l) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC C-700 Stendard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC AII rights reserved. Pege23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the . Contract Documents 2. Substitute ltems: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to fumish or use. The application: l) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, , b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EICDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC All rights reserved. Page24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identifu: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evalualion: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.4 and 6.05.8. Engineer may require Contractor to fumish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in ' writing of any negative determination. D. Special Guarantee: Owner may require Contractor to fumish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.4..2 and 6.05.8. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contracfor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.8), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Stenderd General Conditions ofthe Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC All rights resewed. Page 25 of 62 B. C. required to employ any Subcontractor, Supplier, or other individual or entity to fumish or perform any of the Work against whom Contractor has reasonable objection If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list .thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contracior's own acts and omissions. Nothing in the Contract Documents: l. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship betrveen Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or fumishing any of the Work under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or fumishing any of the Work to communicate with Engineer through Contractor. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, E. F. G. E ICDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC All rights reserved. Page26 ot 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is . subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemniff and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Conlract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by'Laws and Regulations, Coniractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, ifthere are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights resewed. Page27 of 62 6.09 Laws and Regulations C. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Eflective Date of the Agreement if there were no Bids) having an effect on the cost or time of perforrnance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or ofany adjacent land or areas resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought A. B. E l. 3. EICDC C-700 Standard Gencral Conditions ofthe Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC All righb reserved. Page 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents Loading Structures: Contactor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during .construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with'the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: l. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or offthe Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or properfy from damage, injury, or loss; and EICDC C-700 Stsnderd General Conditions ofthe Construction Contract Copyright O 2007 Nationel Society of P;ofessionel Engineers for EJCDC All rights resen'ed. Page 29 of 62 B. C. D. shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall . notify owners of adjacent property and of Underground Facilities and other utility owners when' prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identifu any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. . E. All damage, injury, or loss to any property refened to in Paragraph 6.13.A.2 or 6.13.,4..3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any ofthe Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). ' F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.8 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 SafetyRepresentative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 HazardCommunication Programs A. Conlractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available.to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EICDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC All righb reserved, Page30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will.be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. l. Shop Drowings:. ' a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.t7.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EICDC C-700 Standard General Conditions ofthc Construction Contract Copyright @ 2007 National Society of Professional Engineen for EJCDC All rights reserved. Page3l of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: l. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval ofthe assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such Variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: l. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Stsndard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC All rights reserved. Page32 of 62 6.19 Contractor's General llarrantlt and Guarantee A. Contractor warants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: l. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: l. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice . of acceptability by Engineer; 6. any inspection, test, orapproval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnifu and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible properfy (other than the Work itselfl, including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable . EICDC C-700 Standard Genersl Conditions of the Construction Contrsct Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative ofsuch employee) ofContractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any ofthe Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out ofi 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will speciS all performance and design criteria that such services must satisfy. Contractor shall cause such 'services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if . prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all perforrnance and design criteria that such services must satisff. D. Pursuant to this Paragraph 6.21, Engineer's review and-approval of.design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1 LICDC C-700 Standard General Conditions of thc Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All righb reserved. Page34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 _ OTHER WORK AT THE SITE 7.01 Related l(ork at Site Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: l. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. Contractor shall afford each other contractor who is a parry to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that niay be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others'work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: l. the individual or entity who will have authority and responsibility for coordination of the activities am.ong the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EiCDC C-700 Standard General Conditions ofthe Construction Contrsct Copyright @ 2007 National Society of Professional Engineers for EJCDC All righb reserved, Page35 of 62 A. B. C. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 LegalRelationships A. Paragraphs 7.01.A and7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.4, shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incuned by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Ensineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Ovrner's identi$ing and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. . LTCDC C-700 Standard General Conditions ofthc Construction Contract Copyright g 2007 National Society of Professional Engincers for EJCDC All righb reserved. Page36 of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.8. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition 8.11 A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. Evi dence of Financial Arrangements A. Upon request of Contractor, Owner shall fumish Contractor reasonable evidence that financial arrangements have been made to satisff Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 _ ENGINEER'S STATUS DURING CONSTRUCTION Ow ner's Repre se nt at iv e A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.0r 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EICDC C-700 Standrrd General Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC All righB reserved. Page37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a geater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor.to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities ' of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and' limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EICDC C-700 Standard General Conditions of the Construction Contr8ct Copyright g 2007 Nationel Society of Professional Engineers for EJCDC All rights reserved. Page38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17 . B. D. C. In connection with Engineer's authority, and limitations thereof, as.to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. In connection with Engineer's authority as to Change Orders, see Articles 10, I l, and 12. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinalionsfor Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual c6nditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirementsbf Contract Documents and Acceptability of l4tork C. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. Engineer will, with reasonable promptness, render a written decision on the issue refened. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced forthe purposes of Paragraph 10.05.8. Engineer's written decision on the issue refened will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not E CDC C-700 Stendard General Conditions of the Construction Contract Copyright @ 2007 Nsfional Society of Professional Engineers for EJCDC All rights reserved. Pege39 of 62 A. B. D. exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review ofthe final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.4. will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6. I 3.D. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a rbsult of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EICDC C-700 Standard Generel Conditions of thc Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC All rights reserved. Page40 of 62 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: l. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's orrection of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Pricb or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Nolification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such chanee. 10.05 Claims Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be refened to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data A. B. E CDC C-700 Standerd General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC All righb reserved' Page4l of 62 F. shall be delivered to the Engineer and the other parfy to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.8. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt ofthe claimant's last submittal (unless Engineer allows additional time). Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: l. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. Engineer's written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWATICES; UNIT PRICE WORK I l.0l Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph I l.0l.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in. Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph I 1.01.B, and shall include onlv the followins items: EJCDC C-700 Standard Genersl Conditions of the Construction Contract Copyright @ 2007 Netional Society of Professional Engineers for EJCDC All righb resewed. Pese42 of 62 c. D. E. l.Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Coirtractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost ofthe Work and fee as provided in this Paragraph I1.01. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation machinery, appliances, office, maintenance, of all materials, supplies, equipment, temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the properfy of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of 2. ^J. 4. 5. and and EICDC C-700 Standard General Conditions of the Construction Contrrct Copyright @ 2007 National Society of Professional Engineers for EJCDC All rights reserved. Page43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by ?ny of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses,.damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the' Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: l. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attomeys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or bianch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph ll.0l.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's cdpital employed.for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions ofthe Construction Contrrct Copyright @ 2007 Netionel Society of Professional Engineers for EJCDC All righb reserved. Page44 of 62 limited to, the conection of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I l.0l.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs ll.0l.A and 11.01.8, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to . Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: l. Contractoragreesthat: a. 'the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any ofthe foregoing will be valid. C. Contingency Allowance : l. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover 'unanticipated costs. D. Prior to final payment, an appiopriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. I 1.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to E"ICDC C-700 Strndard General Conditions of the Construction Contrsct Copyright @ 2007 National Society of Professional Engineers for EJCDC All righa reserved. Page45 of 62 B. the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph9.07. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: l. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. c. ARTICLE 12 - CHANGE OF CONTRACT PRICEI CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price D. A. B. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph I 1.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.8.2, on the basis of the Cost of the Work (determined as provided in Paragraph ll.0l) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). EJCDC C-700 Standard General Conditions of the Construction Contract CopyrightO200TNationolSocietyofProfessionalEngineersforEJCDC. Allrightsreserved. Page46 ol 62 C. Contrqctor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: . a. for costs incurred under Paragraphs 11.01.4..1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph I I .01.A.3, the Contractor's fee shall be five percent; . c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01 .C.2.a and 12.01.C.2.b is that the Subcontrbctor who actually performs the Work, at whatever tier, will be paid a fee of l5 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and I L01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.4.4, I 1.01.A.5, and I 1.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0 | .C.2.a through 1 2.0 | .C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to' the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount . equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EICDC C-700 Standard General Conditions ofthe Construction Contrect Copyright @ 2007 National Society of Professional Engineers for EJCDC All rights reserved. Page 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Orrmer, Engineer, or other contractors or utility owners performing other work for Owner. as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or ' interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility omers not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. EICDC C-700 Standsrd General Conditions ofthe Construction Contrsct Copyrigbt g 2007 National Society of Professional Engineers for EJCDC All righb reserved. Page48 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: . l. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concumence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering l{ork A. If any Work is covered contrary to the wriffen request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or . inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard Generel Conditions of the Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC All rights reserved. Page49 of 62 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and ofsatisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the lilork A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable' materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective llork A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims,' costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such conection or removal (including but not limited to all costs of repair or replacement of work of others). B. When conecting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special waffanty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 1.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: EICDC C-700 Standard General Conditions ofthe Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC. All rights reserued. ' Page50 of 62 l. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the . defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 'such conection or repair or such removal and replacement (including but not limited to all costs of repair oi replacement of work of others) will . be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the conection period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal ' and replacement has been satisfactorily completed. 'E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or . walranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a ' waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof; Owner may make a Claim therefor as provided in Paragraph 10.05. Ifthe acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EICDC C-700 Standard General Conditions of the Construction Contract Copyright @ 2007 Nationrl Society of Professional Engineers for EJCDC All righb reserved. Page5l of 62 13.09 Owner May Correct Defective Work If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.4, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such conective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Ourner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incuned or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 1 3.09. ARTICLE 14 _ PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07 .A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: l. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EICDC C-700 Standsrd General Conditions of the Construction Contrrct Copyright @ 2007 National Society of Professionrl Engineers for EJCDC All righb reserved. Page 52 of 62 A. B. C. D. Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payrnent is requested on the basis of materials and equipment not incorporated'in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect ' Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The'amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: \ l. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in . writing a recommendation of payment and present the Application to Owner or retum the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary conections and resubmit the Application 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and beliefi a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have . represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EICDC C-700 Standard General Conditions ofthe Construction Contrrct Copyright O 2007 National Society of Professional Engineers for EJCDC All rights reserred. Page53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance ofthe Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the oneys paid on account ofthe Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.8.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results ofsubsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; . c. Owner has been required to conect defective Work or complete Work in accordance with. Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.4. C. Payment Becomes Due: l. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard Genergl Conditions of the Construction Contrect Copyright O 2007 National Society of Professional Engineers for EJCDC All rights reserved. Page54 of 62 D. Reduction in Payment: l. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's perforrnance or fumishing ofthe Work; b. Liens have been filed in connection with the Work, except where Contractor hai delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-offagainst the amount recommended; or d. Owner has actual knowledge of the occuffence of any of the events enumerated in Paragraphs | 4.02.8.5.a through I 4.02.8.5.c or Paragraph I 5.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons . 'for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1and subject to interest as provided in the Agreement. 14.03 Conlractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A.When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before B. C. . EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 Nationel Society of Professional Engineers for EJCDC All righb reserved. Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion 'subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: l. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.,4 through D for that part of the Work. 2. Contractor at any time may notifu Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notiff Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereofand access thereto. EICDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 Nrtional Society of Professional Engineers for EJCDC All righb reserved. Page56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment : After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance. and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. The frnal Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the ' evidence of insurance required by Paragraph 5.04.8.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. In lieu of the releases orwaivers of Liens specified in Paragraph14.07.A.2 and as approved by Owner, Contractor may fumish receipts or releases in full and an aflidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's properly, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may fumish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: l. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 Nstional Society ofProfessional Engineers for EJCDC. All righb resen'ed. Page 57 of 62 t. a documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the. reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: l. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set offagainst Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. : 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: l. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved, Page58 of 62 ARTICLE 15 _ SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend llork A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurence of any one or more of the following events will justiff termination for cause: l. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established . under Paragraph2.O7 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or ' 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.4' occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: l. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph I 5.02.8, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incuned by Owner will be reviewed by Engineer as to their reasonableness and, when BICDC C-700 Standard General Conditions of the Construction Contrect Copyright O 2007 Nrtionel Society of Professional Engineers for EJCDC All righB reserved. Page59 of 62 , so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.8 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.4,, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.8 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): l. completed and acceptable Work executed in accordance with the Contract Documents prior to the eflective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and fumishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) incuned in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard Generrl Conditions of the Construction Contract CopyrightO200TNationalSocietyofProfessionalEngineersforEJCDC Allrightsreserved. Page60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A.Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: l. elects in writing to invoke any dispute resoluiion process provided for in the Supplementary Conditions;or 2. agrees with the other party to submit the Claim to another dispute resolution process; or B. C. 3. gives written notice to the other competent jurisdiction. ARTICLE T7 - MISCELLANEOUS 17.01 Giving Notice party of the intent to submit the Claim to a court of A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contrlct Copyright O 2007 Netionrl Society of Professionrl Engineers for EJCDC All rights reserved. Pege 6l of 62 l. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to . exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payrnent, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions ofthe Construction Contract Copyright @ 2007 National Society of Professional Engineers for EJCDC All righb reserved, Pase62 of 62 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CIry OF FORTWORTII STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised' January 10, 201 3 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101873 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101873 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101873 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 31 19 - 1 PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 SECTION 01 31 19 1 PRECONSTRUCTION MEETING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6 clarify construction contract administration procedures 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded, tapes will be used to prepare minutes and retained by City for 24 future reference. 25 B. Preconstruction Meeting 26 1. A preconstruction meeting will be held within 14 days after the execution of the 27 Agreement and before Work is started. 28 a. The meeting will be scheduled and administered by the City. 29 2. The Project Representative will preside at the meeting, prepare the notes of the 30 meeting and distribute copies of same to all participants who so request by fully 31 completing the attendance form to be circulated at the beginning of the meeting. 32 3. Attendance shall include: 33 a. Project Representative 34 b. Contractor's project manager 35 c. Contractor's superintendent 36 d. Any subcontractor or supplier representatives whom the Contractor may desire 37 to invite or the City may request 38 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 e. Other City representatives 1 f. Others as appropriate 2 4. Construction Schedule 3 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 4 provide at Preconstruction Meeting. 5 b. City will notify Contractor of any schedule changes upon Notice of 6 Preconstruction Meeting. 7 5. Preliminary Agenda may include: 8 a. Introduction of Project Personnel 9 b. General Description of Project 10 c. Status of right-of-way, utility clearances, easements or other pertinent permits 11 d. Contractor’s work plan and schedule 12 e. Contract Time 13 f. Notice to Proceed 14 g. Construction Staking 15 h. Progress Payments 16 i. Extra Work and Change Order Procedures 17 j. Field Orders 18 k. Disposal Site Letter for Waste Material 19 l. Insurance Renewals 20 m. Payroll Certification 21 n. Material Certifications and Quality Control Testing 22 o. Public Safety and Convenience 23 p. Documentation of Pre-Construction Conditions 24 q. Weekend Work Notification 25 r. Legal Holidays 26 s. Trench Safety Plans 27 t. Confined Space Entry Standards 28 u. Coordination with the City’s representative for operations of existing water 29 systems 30 v. Storm Water Pollution Prevention Plan 31 w. Coordination with other Contractors 32 x. Early Warning System 33 y. Contractor Evaluation 34 z. Special Conditions applicable to the project 35 aa. Damages Claims 36 bb. Submittal Procedures 37 cc. Substitution Procedures 38 dd. Correspondence Routing 39 ee. Record Drawings 40 ff. Temporary construction facilities 41 gg. M/WBE or MBE/SBE procedures 42 hh. Final Acceptance 43 ii. Final Payment 44 jj. Questions or Comments 45 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 33 00 - 1 SUBMITTALS Page 1 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SECTION 01 33 00 1 SUBMITTALS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General methods and requirements of submissions applicable to the following 6 Work-related submittals: 7 a. Shop Drawings 8 b. Product Data (including Standard Product List submittals) 9 c. Samples 10 d. Mock Ups 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Coordination 23 1. Notify the City in writing, at the time of submittal, of any deviations in the 24 submittals from the requirements of the Contract Documents. 25 2. Coordination of Submittal Times 26 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 27 performing the related Work or other applicable activities, or within the time 28 specified in the individual Work Sections, of the Specifications. 29 b. Contractor is responsible such that the installation will not be delayed by 30 processing times including, but not limited to: 31 a) Disapproval and resubmittal (if required) 32 b) Coordination with other submittals 33 c) Testing 34 d) Purchasing 35 e) Fabrication 36 f) Delivery 37 g) Similar sequenced activities 38 c. No extension of time will be authorized because of the Contractor's failure to 39 transmit submittals sufficiently in advance of the Work. 40 01 33 00 - 2 SUBMITTALS Page 2 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 d. Make submittals promptly in accordance with approved schedule, and in such 1 sequence as to cause no delay in the Work or in the work of any other 2 contractor. 3 B. Submittal Numbering 4 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-5 reference identification numbering system in the following manner: 6 a. Use the first 6 digits of the applicable Specification Section Number. 7 b. For the next 2 digits number use numbers 01-99 to sequentially number each 8 initial separate item or drawing submitted under each specific Section number. 9 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 10 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 11 submittal number would be as follows: 12 13 03 30 00-08-B 14 15 1) 03 30 00 is the Specification Section for Concrete 16 2) 08 is the eighth initial submittal under this Specification Section 17 3) B is the third submission (second resubmission) of that particular shop 18 drawing 19 C. Contractor Certification 20 1. Review shop drawings, product data and samples, including those by 21 subcontractors, prior to submission to determine and verify the following: 22 a. Field measurements 23 b. Field construction criteria 24 c. Catalog numbers and similar data 25 d. Conformance with the Contract Documents 26 2. Provide each shop drawing, sample and product data submitted by the Contractor 27 with a Certification Statement affixed including: 28 a. The Contractor's Company name 29 b. Signature of submittal reviewer 30 c. Certification Statement 31 1) “By this submittal, I hereby represent that I have determined and verified 32 field measurements, field construction criteria, materials, dimensions, 33 catalog numbers and similar data and I have checked and coordinated each 34 item with other applicable approved shop drawings." 35 D. Submittal Format 36 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 37 2. Bind shop drawings and product data sheets together. 38 3. Order 39 a. Cover Sheet 40 1) Description of Packet 41 2) Contractor Certification 42 b. List of items / Table of Contents 43 c. Product Data /Shop Drawings/Samples /Calculations 44 E. Submittal Content 45 1. The date of submission and the dates of any previous submissions 46 01 33 00 - 3 SUBMITTALS Page 3 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2. The Project title and number 1 3. Contractor identification 2 4. The names of: 3 a. Contractor 4 b. Supplier 5 c. Manufacturer 6 5. Identification of the product, with the Specification Section number, page and 7 paragraph(s) 8 6. Field dimensions, clearly identified as such 9 7. Relation to adjacent or critical features of the Work or materials 10 8. Applicable standards, such as ASTM or Federal Specification numbers 11 9. Identification by highlighting of deviations from Contract Documents 12 10. Identification by highlighting of revisions on resubmittals 13 11. An 8-inch x 3-inch blank space for Contractor and City stamps 14 F. Shop Drawings 15 1. As specified in individual Work Sections includes, but is not necessarily limited to: 16 a. Custom-prepared data such as fabrication and erection/installation (working) 17 drawings 18 b. Scheduled information 19 c. Setting diagrams 20 d. Actual shopwork manufacturing instructions 21 e. Custom templates 22 f. Special wiring diagrams 23 g. Coordination drawings 24 h. Individual system or equipment inspection and test reports including: 25 1) Performance curves and certifications 26 i. As applicable to the Work 27 2. Details 28 a. Relation of the various parts to the main members and lines of the structure 29 b. Where correct fabrication of the Work depends upon field measurements 30 1) Provide such measurements and note on the drawings prior to submitting 31 for approval. 32 G. Product Data 33 1. For submittals of product data for products included on the City’s Standard Product 34 List, clearly identify each item selected for use on the Project. 35 2. For submittals of product data for products not included on the City’s Standard 36 Product List, submittal data may include, but is not necessarily limited to: 37 a. Standard prepared data for manufactured products (sometimes referred to as 38 catalog data) 39 1) Such as the manufacturer's product specification and installation 40 instructions 41 2) Availability of colors and patterns 42 3) Manufacturer's printed statements of compliances and applicability 43 4) Roughing-in diagrams and templates 44 5) Catalog cuts 45 6) Product photographs 46 01 33 00 - 4 SUBMITTALS Page 4 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 7) Standard wiring diagrams 1 8) Printed performance curves and operational-range diagrams 2 9) Production or quality control inspection and test reports and certifications 3 10) Mill reports 4 11) Product operating and maintenance instructions and recommended 5 spare-parts listing and printed product warranties 6 12) As applicable to the Work 7 H. Samples 8 1. As specified in individual Sections, include, but are not necessarily limited to: 9 a. Physical examples of the Work such as: 10 1) Sections of manufactured or fabricated Work 11 2) Small cuts or containers of materials 12 3) Complete units of repetitively used products color/texture/pattern swatches 13 and range sets 14 4) Specimens for coordination of visual effect 15 5) Graphic symbols and units of Work to be used by the City for independent 16 inspection and testing, as applicable to the Work 17 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 18 be fabricated or installed prior to the approval or qualified approval of such item. 19 1. Fabrication performed, materials purchased or on-site construction accomplished 20 which does not conform to approved shop drawings and data is at the Contractor's 21 risk. 22 2. The City will not be liable for any expense or delay due to corrections or remedies 23 required to accomplish conformity. 24 3. Complete project Work, materials, fabrication, and installations in conformance 25 with approved shop drawings, applicable samples, and product data. 26 J. Submittal Distribution 27 1. Electronic Distribution 28 a. Confirm development of Project directory for electronic submittals to be 29 uploaded to City’s Buzzsaw site, or another external FTP site approved by the 30 City. 31 b. Shop Drawings 32 1) Upload submittal to designated project directory and notify appropriate 33 City representatives via email of submittal posting. 34 2) Hard Copies 35 a) 3 copies for all submittals 36 b) If Contractor requires more than 1 hard copy of Shop Drawings 37 returned, Contractor shall submit more than the number of copies listed 38 above. 39 c. Product Data 40 1) Upload submittal to designated project directory and notify appropriate 41 City representatives via email of submittal posting. 42 2) Hard Copies 43 a) 3 copies for all submittals 44 d. Samples 45 1) Distributed to the Project Representative 46 2. Hard Copy Distribution (if required in lieu of electronic distribution) 47 01 33 00 - 5 SUBMITTALS Page 5 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 a. Shop Drawings 1 1) Distributed to the City 2 2) Copies 3 a) 8 copies for mechanical submittals 4 b) 7 copies for all other submittals 5 c) If Contractor requires more than 3 copies of Shop Drawings returned, 6 Contractor shall submit more than the number of copies listed above. 7 b. Product Data 8 1) Distributed to the City 9 2) Copies 10 a) 4 copies 11 c. Samples 12 1) Distributed to the Project Representative 13 2) Copies 14 a) Submit the number stated in the respective Specification Sections. 15 3. Distribute reproductions of approved shop drawings and copies of approved 16 product data and samples, where required, to the job site file and elsewhere as 17 directed by the City. 18 a. Provide number of copies as directed by the City but not exceeding the number 19 previously specified. 20 K. Submittal Review 21 1. The review of shop drawings, data and samples will be for general conformance 22 with the design concept and Contract Documents. This is not to be construed as: 23 a. Permitting any departure from the Contract requirements 24 b. Relieving the Contractor of responsibility for any errors, including details, 25 dimensions, and materials 26 c. Approving departures from details furnished by the City, except as otherwise 27 provided herein 28 2. The review and approval of shop drawings, samples or product data by the City 29 does not relieve the Contractor from his/her responsibility with regard to the 30 fulfillment of the terms of the Contract. 31 a. All risks of error and omission are assumed by the Contractor, and the City will 32 have no responsibility therefore. 33 3. The Contractor remains responsible for details and accuracy, for coordinating the 34 Work with all other associated work and trades, for selecting fabrication processes, 35 for techniques of assembly and for performing Work in a safe manner. 36 4. If the shop drawings, data or samples as submitted describe variations and show a 37 departure from the Contract requirements which City finds to be in the interest of 38 the City and to be so minor as not to involve a change in Contract Price or time for 39 performance, the City may return the reviewed drawings without noting an 40 exception. 41 5. Submittals will be returned to the Contractor under 1 of the following codes: 42 a. Code 1 43 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 44 comments on the submittal. 45 a) When returned under this code the Contractor may release the 46 equipment and/or material for manufacture. 47 b. Code 2 48 01 33 00 - 6 SUBMITTALS Page 6 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 1 the notations and comments IS NOT required by the Contractor. 2 a) The Contractor may release the equipment or material for manufacture; 3 however, all notations and comments must be incorporated into the 4 final product. 5 c. Code 3 6 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 7 assigned when notations and comments are extensive enough to require a 8 resubmittal of the package. 9 a) The Contractor may release the equipment or material for manufacture; 10 however, all notations and comments must be incorporated into the 11 final product. 12 b) This resubmittal is to address all comments, omissions and 13 non-conforming items that were noted. 14 c) Resubmittal is to be received by the City within 15 Calendar Days of 15 the date of the City's transmittal requiring the resubmittal. 16 d. Code 4 17 1) "NOT APPROVED" is assigned when the submittal does not meet the 18 intent of the Contract Documents. 19 a) The Contractor must resubmit the entire package revised to bring the 20 submittal into conformance. 21 b) It may be necessary to resubmit using a different manufacturer/vendor 22 to meet the Contract Documents. 23 6. Resubmittals 24 a. Handled in the same manner as first submittals 25 1) Corrections other than requested by the City 26 2) Marked with revision triangle or other similar method 27 a) At Contractor’s risk if not marked 28 b. Submittals for each item will be reviewed no more than twice at the City’s 29 expense. 30 1) All subsequent reviews will be performed at times convenient to the City 31 and at the Contractor's expense, based on the City's or City 32 Representative’s then prevailing rates. 33 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 34 all such fees invoiced by the City. 35 c. The need for more than 1 resubmission or any other delay in obtaining City's 36 review of submittals, will not entitle the Contractor to an extension of Contract 37 Time. 38 7. Partial Submittals 39 a. City reserves the right to not review submittals deemed partial, at the City’s 40 discretion. 41 b. Submittals deemed by the City to be not complete will be returned to the 42 Contractor, and will be considered "Not Approved" until resubmitted. 43 c. The City may at its option provide a list or mark the submittal directing the 44 Contractor to the areas that are incomplete. 45 8. If the Contractor considers any correction indicated on the shop drawings to 46 constitute a change to the Contract Documents, then written notice must be 47 provided thereof to the City at least 7 Calendar Days prior to release for 48 manufacture. 49 01 33 00 - 7 SUBMITTALS Page 7 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 9. When the shop drawings have been completed to the satisfaction of the City, the 1 Contractor may carry out the construction in accordance therewith and no further 2 changes therein except upon written instructions from the City. 3 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 4 following receipt of submittal by the City. 5 L. Mock ups 6 1. Mock Up units as specified in individual Sections, include, but are not necessarily 7 limited to, complete units of the standard of acceptance for that type of Work to be 8 used on the Project. Remove at the completion of the Work or when directed. 9 M. Qualifications 10 1. If specifically required in other Sections of these Specifications, submit a P.E. 11 Certification for each item required. 12 N. Request for Information (RFI) 13 1. Contractor Request for additional information 14 a. Clarification or interpretation of the contract documents 15 b. When the Contractor believes there is a conflict between Contract Documents 16 c. When the Contractor believes there is a conflict between the Drawings and 17 Specifications 18 1) Identify the conflict and request clarification 19 2. Use the Request for Information (RFI) form provided by the City. 20 3. Numbering of RFI 21 a. Prefix with “RFI” followed by series number, “-xxx”, beginning with “01” and 22 increasing sequentially with each additional transmittal. 23 4. Sufficient information shall be attached to permit a written response without further 24 information. 25 5. The City will log each request and will review the request. 26 a. If review of the project information request indicates that a change to the 27 Contract Documents is required, the City will issue a Field Order or Change 28 Order, as appropriate. 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 35 1.11 FIELD [SITE] CONDITIONS [NOT USED] 36 1.12 WARRANTY [NOT USED] 37 01 33 00 - 8 SUBMITTALS Page 8 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 PART 2 - PRODUCTS [NOT USED] 1 PART 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 5 01 35 13 - 1 SPECIAL PROJECT PROCEDURES Page 1 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 1.2 PRICE AND PAYMENT PROCEDURES 24 A. Measurement and Payment 25 1. Coordination within Railroad permit areas 26 a. Measurement 27 1) Measurement for this Item will be by lump sum. 28 b. Payment 29 1) The work performed and materials furnished in accordance with this Item 30 will be paid for at the lump sum price bid for Railroad Coordination. 31 c. The price bid shall include: 32 1) Mobilization 33 2) Inspection 34 3) Safety training 35 4) Additional Insurance 36 5) Insurance Certificates 37 6) Other requirements associated with general coordination with Railroad, 38 including additional employees required to protect the right-of-way and 39 property of the Railroad from damage arising out of and/or from the 40 construction of the Project. 41 2. Railroad Flagmen 42 01 35 13 - 2 SPECIAL PROJECT PROCEDURES Page 2 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 a. Measurement 1 1) Measurement for this Item will be per working day. 2 b. Payment 3 1) The work performed and materials furnished in accordance with this Item 4 will be paid for each working day that Railroad Flagmen are present at the 5 Site. 6 c. The price bid shall include: 7 1) Coordination for scheduling flagmen 8 2) Flagmen 9 3) Other requirements associated with Railroad 10 3. All other items 11 a. Work associated with these Items is considered subsidiary to the various Items 12 bid. No separate payment will be allowed for this Item. 13 1.3 REFERENCES 14 A. Reference Standards 15 1. Reference standards cited in this Specification refer to the current reference 16 standard published at the time of the latest revision date logged at the end of this 17 Specification, unless a date is specifically cited. 18 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 19 High Voltage Overhead Lines. 20 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 21 Specification 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination with the Texas Department of Transportation 24 1. When work in the right-of-way which is under the jurisdiction of the Texas 25 Department of Transportation (TxDOT): 26 a. Notify the Texas Department of Transportation prior to commencing any work 27 therein in accordance with the provisions of the permit 28 b. All work performed in the TxDOT right-of-way shall be performed in 29 compliance with and subject to approval from the Texas Department of 30 Transportation 31 B. Work near High Voltage Lines 32 1. Regulatory Requirements 33 a. All Work near High Voltage Lines (more than 600 volts measured between 34 conductors or between a conductor and the ground) shall be in accordance with 35 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 36 2. Warning sign 37 a. Provide sign of sufficient size meeting all OSHA requirements. 38 3. Equipment operating within 10 feet of high voltage lines will require the following 39 safety features 40 a. Insulating cage-type of guard about the boom or arm 41 b. Insulator links on the lift hook connections for back hoes or dippers 42 c. Equipment must meet the safety requirements as set forth by OSHA and the 43 safety requirements of the owner of the high voltage lines 44 4. Work within 6 feet of high voltage electric lines 45 01 35 13 - 3 SPECIAL PROJECT PROCEDURES Page 3 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 a. Notification shall be given to: 1 1) The power company (example: ONCOR) 2 a) Maintain an accurate log of all such calls to power company and record 3 action taken in each case. 4 b. Coordination with power company 5 1) After notification coordinate with the power company to: 6 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 7 lower the lines 8 c. No personnel may work within 6 feet of a high voltage line before the above 9 requirements have been met. 10 C. Confined Space Entry Program 11 1. Provide and follow approved Confined Space Entry Program in accordance with 12 OSHA requirements. 13 2. Confined Spaces include: 14 a. Manholes 15 b. All other confined spaces in accordance with OSHA’s Permit Required for 16 Confined Spaces 17 D. Air Pollution Watch Days 18 1. General 19 a. Observe the following guidelines relating to working on City construction sites 20 on days designated as “AIR POLLUTION WATCH DAYS”. 21 b. Typical Ozone Season 22 1) May 1 through October 31. 23 c. Critical Emission Time 24 1) 6:00 a.m. to 10:00 a.m. 25 2. Watch Days 26 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 27 with the National Weather Service, will issue the Air Pollution Watch by 3:00 28 p.m. on the afternoon prior to the WATCH day. 29 b. Requirements 30 1) Begin work after 10:00 a.m. whenever construction phasing requires the 31 use of motorized equipment for periods in excess of 1 hour. 32 2) However, the Contractor may begin work prior to 10:00 a.m. if: 33 a) Use of motorized equipment is less than 1 hour, or 34 b) If equipment is new and certified by EPA as “Low Emitting“, or 35 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 36 alternative fuels such as CNG. 37 E. TCEQ Air Permit 38 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 39 F. Use of Explosives, Drop Weight, Etc. 40 1. When Contract Documents permit on the project the following will apply: 41 a. Public Notification 42 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 43 prior to commencing. 44 2) Minimum 24 hour public notification in accordance with Section 01 31 13 45 G. Water Department Coordination 46 01 35 13 - 4 SPECIAL PROJECT PROCEDURES Page 4 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 1. During the construction of this project, it will be necessary to deactivate, for a 1 period of time, existing lines. The Contractor shall be required to coordinate with 2 the Water Department to determine the best times for deactivating and activating 3 those lines. 4 2. Coordinate any event that will require connecting to or the operation of an existing 5 City water line system with the City’s representative. 6 a. Coordination shall be in accordance with Section 33 12 25. 7 b. If needed, obtain a hydrant water meter from the Water Department for use 8 during the life of named project. 9 c. In the event that a water valve on an existing live system be turned off and on 10 to accommodate the construction of the project is required, coordinate this 11 activity through the appropriate City representative. 12 1) Do not operate water line valves of existing water system. 13 a) Failure to comply will render the Contractor in violation of Texas Penal 14 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 15 will be prosecuted to the full extent of the law. 16 b) In addition, the Contractor will assume all liabilities and 17 responsibilities as a result of these actions. 18 H. Public Notification Prior to Beginning Construction 19 1. Prior to beginning construction on any block in the project, on a block by block 20 basis, prepare and deliver a notice or flyer of the pending construction to the front 21 door of each residence or business that will be impacted by construction. The notice 22 shall be prepared as follows: 23 a. Post notice or flyer 7 days prior to beginning any construction activity on each 24 block in the project area. 25 1) Prepare flyer on the Contractor’s letterhead and include the following 26 information: 27 a) Name of Project 28 b) City Project No (CPN) 29 c) Scope of Project (i.e. type of construction activity) 30 d) Actual construction duration within the block 31 e) Name of the contractor’s foreman and phone number 32 f) Name of the City’s inspector and phone number 33 g) City’s after-hours phone number 34 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 35 A. 36 3) Submit schedule showing the construction start and finish time for each 37 block of the project to the inspector. 38 4) Deliver flyer to the City Inspector for review prior to distribution. 39 b. No construction will be allowed to begin on any block until the flyer is 40 delivered to all residents of the block. 41 I. Public Notification of Temporary Water Service Interruption during Construction 42 1. In the event it becomes necessary to temporarily shut down water service to 43 residents or businesses during construction, prepare and deliver a notice or flyer of 44 the pending interruption to the front door of each affected resident. 45 2. Prepared notice as follows: 46 a. The notification or flyer shall be posted 24 hours prior to the temporary 47 interruption. 48 01 35 13 - 5 SPECIAL PROJECT PROCEDURES Page 5 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 b. Prepare flyer on the contractor’s letterhead and include the following 1 information: 2 1) Name of the project 3 2) City Project Number 4 3) Date of the interruption of service 5 4) Period the interruption will take place 6 5) Name of the contractor’s foreman and phone number 7 6) Name of the City’s inspector and phone number 8 c. A sample of the temporary water service interruption notification is attached as 9 Exhibit B. 10 d. Deliver a copy of the temporary interruption notification to the City inspector 11 for review prior to being distributed. 12 e. No interruption of water service can occur until the flyer has been delivered to 13 all affected residents and businesses. 14 f. Electronic versions of the sample flyers can be obtained from the Project 15 Construction Inspector. 16 J. Coordination with United States Army Corps of Engineers (USACE) 17 1. At locations in the Project where construction activities occur in areas where 18 USACE permits are required, meet all requirements set forth in each designated 19 permit. 20 K. Coordination within Railroad Permit Areas 21 1. At locations in the project where construction activities occur in areas where 22 railroad permits are required, meet all requirements set forth in each designated 23 railroad permit. This includes, but is not limited to, provisions for: 24 a. Flagmen 25 b. Inspectors 26 c. Safety training 27 d. Additional insurance 28 e. Insurance certificates 29 f. Other employees required to protect the right-of-way and property of the 30 Railroad Company from damage arising out of and/or from the construction of 31 the project. Proper utility clearance procedures shall be used in accordance 32 with the permit guidelines. 33 2. Obtain any supplemental information needed to comply with the railroad’s 34 requirements. 35 3. Railroad Flagmen 36 a. Submit receipts to City for verification of working days that railroad flagmen 37 were present on Site. 38 L. Dust Control 39 1. Use acceptable measures to control dust at the Site. 40 a. If water is used to control dust, capture and properly dispose of waste water. 41 b. If wet saw cutting is performed, capture and properly dispose of slurry. 42 M. Employee Parking 43 1. Provide parking for employees at locations approved by the City. 44 01 35 13 - 6 SPECIAL PROJECT PROCEDURES Page 6 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.4.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4.E – Added Contractor responsibility for obtaining a TCEQ Air Permit 13 01 35 13 - 7 SPECIAL PROJECT PROCEDURES Page 7 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 8 SPECIAL PROJECT PROCEDURES Page 8 of 8 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 EXHIBIT B 1 2 3 4 01 45 23 - 1 TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 01 45 23 1 TESTING AND INSPECTION SERVICES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Testing and inspection services procedures and coordination 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 a. Contractor is responsible for performing, coordinating, and payment of all 16 Quality Control testing. 17 b. City is responsible for performing and payment for first set of Quality 18 Assurance testing. 19 1) If the first Quality Assurance test performed by the City fails, the 20 Contractor is responsible for payment of subsequent Quality Assurance 21 testing until a passing test occurs. 22 a) Final acceptance will not be issued by City until all required payments 23 for testing by Contractor have been paid in full. 24 1.3 REFERENCES [NOT USED] 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Testing 27 1. Complete testing in accordance with the Contract Documents. 28 2. Coordination 29 a. When testing is required to be performed by the City, notify City, sufficiently 30 in advance, when testing is needed. 31 b. When testing is required to be completed by the Contractor, notify City, 32 sufficiently in advance, that testing will be performed. 33 3. Distribution of Testing Reports 34 a. Electronic Distribution 35 1) Confirm development of Project directory for electronic submittals to be 36 uploaded to City’s Buzzsaw site, or another external FTP site approved by 37 the City. 38 01 45 23 - 2 TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2) Upload test reports to designated project directory and notify appropriate 1 City representatives via email of submittal posting. 2 3) Hard Copies 3 a) 1 copy for all submittals submitted to the Project Representative 4 b. Hard Copy Distribution (if required in lieu of electronic distribution) 5 1) Tests performed by City 6 a) Distribute 1 hard copy to the Contractor 7 2) Tests performed by the Contractor 8 a) Distribute 3 hard copies to City’s Project Representative 9 4. Provide City’s Project Representative with trip tickets for each delivered load of 10 Concrete or Lime material including the following information: 11 a. Name of pit 12 b. Date of delivery 13 c. Material delivered 14 B. Inspection 15 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 16 perform work in accordance with the Contract Documents. 17 1.5 SUBMITTALS [NOT USED] 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE [NOT USED] 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS [NOT USED] 26 PART 3 - EXECUTION [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 01 55 26 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative procedures for: 6 a. Street Use Permit 7 b. Modification of approved traffic control 8 c. Removal of Street Signs 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 – General Requirements 14 3. Section 34 71 13 – Traffic Control 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this specification refer to the current reference standard 22 published at the time of the latest revision date logged at the end of this 23 specification, unless a date is specifically cited. 24 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Traffic Control 27 1. General 28 a. When traffic control plans are included in the Drawings, provide Traffic 29 Control in accordance with Drawings and Section 34 71 13. 30 b. When traffic control plans are not included in the Drawings, prepare traffic 31 control plans in accordance with Section 34 71 13 and submit to City for 32 review. 33 1) Allow minimum 10 working days for review of proposed Traffic Control. 34 B. Street Use Permit 35 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 36 a. To obtain Street Use Permit, submit Traffic Control Plans to City 37 Transportation and Public Works Department. 38 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 1 2) Contractor’s responsibility to coordinate review of Traffic Control plans for 2 Street Use Permit, such that construction is not delayed. 3 C. Modification to Approved Traffic Control 4 1. Prior to installation traffic control: 5 a. Submit revised traffic control plans to City Department Transportation and 6 Public Works Department. 7 1) Revise Traffic Control plans in accordance with Section 34 71 13. 8 2) Allow minimum 5 working days for review of revised Traffic Control. 9 3) It is the Contractor’s responsibility to coordinate review of Traffic Control 10 plans for Street Use Permit, such that construction is not delayed. 11 D. Removal of Street Sign 12 1. If it is determined that a street sign must be removed for construction, then contact 13 City Transportation and Public Works Department, Signs and Markings Division to 14 remove the sign. 15 E. Temporary Signage 16 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 17 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 18 Devices (MUTCD). 19 2. Install temporary sign before the removal of permanent sign. 20 3. When construction is complete, to the extent that the permanent sign can be 21 reinstalled, contact the City Transportation and Public Works Department, Signs 22 and Markings Division, to reinstall the permanent sign. 23 F. Traffic Control Standards 24 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] 34 PART 3 - EXECUTION [NOT USED] 35 END OF SECTION 36 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 01 57 13 - 1 STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 Contract 11 2. Division 1 – General Requirements 12 3. Section 31 25 00 – Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 a. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than 1 acre of disturbance 19 a. Measurement and Payment shall be in accordance with Section 31 25 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Integrated Storm Management (iSWM) Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. 37 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 B. Construction Activities resulting in: 1 1. Less than 1 acre of disturbance 2 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 3 Drawings. 4 2. 1 to less than 5 acres of disturbance 5 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 6 Permit is required 7 b. Complete SWPPP in accordance with TCEQ requirements 8 1) TCEQ Small Construction Site Notice Required under general permit 9 TXR150000 10 a) Sign and post at job site 11 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 12 Transportation and Public Works, Environmental Division, (817) 392-13 6088. 14 2) Provide erosion and sediment control in accordance with: 15 a) Section 31 25 00 16 b) The Drawings 17 c) TXR150000 General Permit 18 d) SWPPP 19 e) TCEQ requirements 20 3. 5 acres or more of Disturbance 21 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 22 Permit is required 23 b. Complete SWPPP in accordance with TCEQ requirements 24 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25 a) Sign and post at job site 26 b) Send copy to City Department of Transportation and Public Works, 27 Environmental Division, (817) 392-6088. 28 2) TCEQ Notice of Change required if making changes or updates to NOI 29 3) Provide erosion and sediment control in accordance with: 30 a) Section 31 25 00 31 b) The Drawings 32 c) TXR150000 General Permit 33 d) SWPPP 34 e) TCEQ requirements 35 4) Once the project has been completed and all the closeout requirements of 36 TCEQ have been met a TCEQ Notice of Termination can be submitted. 37 a) Send copy to City Department of Transportation and Public Works, 38 Environmental Division, (817) 392-6088. 39 1.5 SUBMITTALS 40 A. SWPPP 41 1. Submit in accordance with Section 01 33 00, except as stated herein. 42 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43 as follows: 44 1) 1 copy to the City Project Manager 45 a) City Project Manager will forward to the City Department of 46 Transportation and Public Works, Environmental Division for review 47 01 57 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 B. Modified SWPPP 1 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - PRODUCTS [NOT USED] 11 PART 3 - EXECUTION [NOT USED] 12 END OF SECTION 13 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 60 00 1 PRODUCT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. References for Product Requirements and City Standard Products List 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 12 1.3 REFERENCES [NOT USED] 13 1.4 ADMINISTRATIVE REQUIREMENTS 14 A. A list of City approved products for use is located on Buzzsaw as follows: 15 1. Resources\02 - Construction Documents\Standard Products List 16 B. Only products specifically included on City’s Standard Product List in these Contract 17 Documents shall be allowed for use on the Project. 18 1. Any subsequently approved products will only be allowed for use upon specific 19 approval by the City. 20 C. Any specific product requirements in the Contract Documents supersede similar 21 products included on the City’s Standard Product List. 22 1. The City reserves the right to not allow products to be used for certain projects even 23 though the product is listed on the City’s Standard Product List. 24 D. Although a specific product is included on City’s Standard Product List, not all 25 products from that manufacturer are approved for use, including but not limited to, that 26 manufacturer’s standard product. 27 E. See Section 01 33 00 for submittal requirements of Product Data included on City’s 28 Standard Product List. 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 8 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 – General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5. Clearly and fully mark and identify as to manufacturer, item and installation 4 location. 5 6. Provide manufacturer's instructions for storage and handling. 6 B. Handling Requirements 7 1. Handle products or equipment in accordance with these Contract Documents and 8 manufacturer’s recommendations and instructions. 9 C. Storage Requirements 10 1. Store materials in accordance with manufacturer’s recommendations and 11 requirements of these Specifications. 12 2. Make necessary provisions for safe storage of materials and equipment. 13 a. Place loose soil materials and materials to be incorporated into Work to prevent 14 damage to any part of Work or existing facilities and to maintain free access at 15 all times to all parts of Work and to utility service company installations in 16 vicinity of Work. 17 3. Keep materials and equipment neatly and compactly stored in locations that will 18 cause minimum inconvenience to other contractors, public travel, adjoining owners, 19 tenants and occupants. 20 a. Arrange storage to provide easy access for inspection. 21 4. Restrict storage to areas available on construction site for storage of material and 22 equipment as shown on Drawings, or approved by City’s Project Representative. 23 5. Provide off-site storage and protection when on-site storage is not adequate. 24 a. Provide addresses of and access to off-site storage locations for inspection by 25 City’s Project Representative. 26 6. Do not use lawns, grass plots or other private property for storage purposes without 27 written permission of owner or other person in possession or control of premises. 28 7. Store in manufacturers’ unopened containers. 29 8. Neatly, safely and compactly stack materials delivered and stored along line of 30 Work to avoid inconvenience and damage to property owners and general public 31 and maintain at least 3 feet from fire hydrant. 32 9. Keep public and private driveways and street crossings open. 33 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 34 satisfaction of City’s Project Representative. 35 a. Total length which materials may be distributed along route of construction at 36 one time is 1,000 linear feet, unless otherwise approved in writing by City’s 37 Project Representative. 38 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 ERECTION [NOT USED] 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. Tests and Inspections 12 1. Inspect all products or equipment delivered to the site prior to unloading. 13 B. Non-Conforming Work 14 1. Reject all products or equipment that are damaged, used or in any other way 15 unsatisfactory for use on the project. 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION 21 A. Protect all products or equipment in accordance with manufacturer's written directions. 22 B. Store products or equipment in location to avoid physical damage to items while in 23 storage. 24 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 25 the manufacturer. 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 1 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Scheduling 20 1. Schedule cleaning operations so that dust and other contaminants disturbed by 21 cleaning process will not fall on newly painted surfaces. 22 2. Schedule final cleaning upon completion of Work and immediately prior to final 23 inspection. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 STORAGE, AND HANDLING 30 A. Storage and Handling Requirements 31 1. Store cleaning products and cleaning wastes in containers specifically designed for 32 those materials. 33 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 1 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 2 this project. 3 8. Remove all signs of temporary construction and activities incidental to construction 4 of required permanent Work. 5 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6 have the cleaning completed at the expense of the Contractor. 7 10. Do not burn on-site. 8 B. Intermediate Cleaning during Construction 9 1. Keep Work areas clean so as not to hinder health, safety or convenience of 10 personnel in existing facility operations. 11 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 12 3. Confine construction debris daily in strategically located container(s): 13 a. Cover to prevent blowing by wind 14 b. Store debris away from construction or operational activities 15 c. Haul from site at a minimum of once per week 16 4. Vacuum clean interior areas when ready to receive finish painting. 17 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 18 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 19 may become airborne or transported by flowing water during the storm. 20 C. Exterior (Site or Right of Way) Final Cleaning 21 1. Remove trash and debris containers from site. 22 a. Re-seed areas disturbed by location of trash and debris containers in accordance 23 with Section 32 92 13. 24 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 25 that may hinder or disrupt the flow of traffic along the roadway. 26 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 27 junction boxes and inlets. 28 4. If no longer required for maintenance of erosion facilities, and upon approval by 29 City, remove erosion control from site. 30 5. Clean signs, lights, signals, etc. 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 3.12 PROTECTION [NOT USED] 33 3.13 MAINTENANCE [NOT USED] 34 3.14 ATTACHMENTS [NOT USED] 35 36 37 38 39 40 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 3 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to City’s Project Representative. 26 27 28 29 30 31 32 33 34 35 36 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 CLOSEOUT PROCEDURE 8 A. Prior to requesting Final Inspection, submit: 9 1. Project Record Documents in accordance with Section 01 78 39 10 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12 01 74 23. 13 C. Final Inspection 14 1. After final cleaning, provide notice to the City Project Representative that the Work 15 is completed. 16 a. The City will make an initial Final Inspection with the Contractor present. 17 b. Upon completion of this inspection, the City will notify the Contractor, in 18 writing within 10 business days, of any particulars in which this inspection 19 reveals that the Work is defective or incomplete. 20 2. Upon receiving written notice from the City, immediately undertake the Work 21 required to remedy deficiencies and complete the Work to the satisfaction of the 22 City. 23 3. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City, that the required Work has been completed. Upon receipt 25 of this notice, the City, in the presence of the Contractor, will make a subsequent 26 Final Inspection of the project. 27 4. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection 1 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 2 E. Supporting Documentation 3 1. Coordinate with the City Project Representative to complete the following 4 additional forms: 5 a. Final Payment Request 6 b. Statement of Contract Time 7 c. Affidavit of Payment and Release of Liens 8 d. Consent of Surety to Final Payment 9 e. Pipe Report (if required) 10 f. Contractor’s Evaluation of City 11 g. Performance Evaluation of Contractor 12 F. Letter of Final Acceptance 13 1. Upon review and acceptance of Notice of Project Completion and Supporting 14 Documentation, in accordance with General Conditions, City will issue Letter of 15 Final Acceptance and release the Final Payment Request for payment. 16 3.5 REPAIR / RESTORATION [NOT USED] 17 3.6 RE-INSTALLATION [NOT USED] 18 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 29 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 78 23 1 OPERATION AND MAINTENANCE DATA 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Product data and related information appropriate for City's maintenance and 6 operation of products furnished under Contract 7 2. Such products may include, but are not limited to: 8 a. Traffic Controllers 9 b. Irrigation Controllers (to be operated by the City) 10 c. Butterfly Valves 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Schedule 23 1. Submit manuals in final form to the City within 30 calendar days of product 24 shipment to the project site. 25 1.5 SUBMITTALS 26 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 27 approved by the City prior to delivery. 28 1.6 INFORMATIONAL SUBMITTALS 29 A. Submittal Form 30 1. Prepare data in form of an instructional manual for use by City personnel. 31 2. Format 32 a. Size: 8 ½ inches x 11 inches 33 b. Paper 34 1) 40 pound minimum, white, for typed pages 35 2) Holes reinforced with plastic, cloth or metal 36 c. Text: Manufacturer’s printed data, or neatly typewritten 37 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 d. Drawings 1 1) Provide reinforced punched binder tab, bind in with text 2 2) Reduce larger drawings and fold to size of text pages. 3 e. Provide fly-leaf for each separate product, or each piece of operating 4 equipment. 5 1) Provide typed description of product, and major component parts of 6 equipment. 7 2) Provide indexed tabs. 8 f. Cover 9 1) Identify each volume with typed or printed title "OPERATING AND 10 MAINTENANCE INSTRUCTIONS". 11 2) List: 12 a) Title of Project 13 b) Identity of separate structure as applicable 14 c) Identity of general subject matter covered in the manual 15 3. Binders 16 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 17 b. When multiple binders are used, correlate the data into related consistent 18 groupings. 19 4. If available, provide an electronic form of the O&M Manual. 20 B. Manual Content 21 1. Neatly typewritten table of contents for each volume, arranged in systematic order 22 a. Contractor, name of responsible principal, address and telephone number 23 b. A list of each product required to be included, indexed to content of the volume 24 c. List, with each product: 25 1) The name, address and telephone number of the subcontractor or installer 26 2) A list of each product required to be included, indexed to content of the 27 volume 28 3) Identify area of responsibility of each 29 4) Local source of supply for parts and replacement 30 d. Identify each product by product name and other identifying symbols as set 31 forth in Contract Documents. 32 2. Product Data 33 a. Include only those sheets which are pertinent to the specific product. 34 b. Annotate each sheet to: 35 1) Clearly identify specific product or part installed 36 2) Clearly identify data applicable to installation 37 3) Delete references to inapplicable information 38 3. Drawings 39 a. Supplement product data with drawings as necessary to clearly illustrate: 40 1) Relations of component parts of equipment and systems 41 2) Control and flow diagrams 42 b. Coordinate drawings with information in Project Record Documents to assure 43 correct illustration of completed installation. 44 c. Do not use Project Record Drawings as maintenance drawings. 45 4. Written text, as required to supplement product data for the particular installation: 46 a. Organize in consistent format under separate headings for different procedures. 47 b. Provide logical sequence of instructions of each procedure. 48 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued 1 a. Provide information sheet for City personnel giving: 2 1) Proper procedures in event of failure 3 2) Instances which might affect validity of warranties or bonds 4 C. Manual for Materials and Finishes 5 1. Submit 5 copies of complete manual in final form. 6 2. Content, for architectural products, applied materials and finishes: 7 a. Manufacturer's data, giving full information on products 8 1) Catalog number, size, composition 9 2) Color and texture designations 10 3) Information required for reordering special manufactured products 11 b. Instructions for care and maintenance 12 1) Manufacturer's recommendation for types of cleaning agents and methods 13 2) Cautions against cleaning agents and methods which are detrimental to 14 product 15 3) Recommended schedule for cleaning and maintenance 16 3. Content, for moisture protection and weather exposure products: 17 a. Manufacturer's data, giving full information on products 18 1) Applicable standards 19 2) Chemical composition 20 3) Details of installation 21 b. Instructions for inspection, maintenance and repair 22 D. Manual for Equipment and Systems 23 1. Submit 5 copies of complete manual in final form. 24 2. Content, for each unit of equipment and system, as appropriate: 25 a. Description of unit and component parts 26 1) Function, normal operating characteristics and limiting conditions 27 2) Performance curves, engineering data and tests 28 3) Complete nomenclature and commercial number of replaceable parts 29 b. Operating procedures 30 1) Start-up, break-in, routine and normal operating instructions 31 2) Regulation, control, stopping, shut-down and emergency instructions 32 3) Summer and winter operating instructions 33 4) Special operating instructions 34 c. Maintenance procedures 35 1) Routine operations 36 2) Guide to "trouble shooting" 37 3) Disassembly, repair and reassembly 38 4) Alignment, adjusting and checking 39 d. Servicing and lubrication schedule 40 1) List of lubricants required 41 e. Manufacturer's printed operating and maintenance instructions 42 f. Description of sequence of operation by control manufacturer 43 1) Predicted life of parts subject to wear 44 2) Items recommended to be stocked as spare parts 45 g. As installed control diagrams by controls manufacturer 46 h. Each contractor's coordination drawings 47 1) As installed color coded piping diagrams 48 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve 1 j. List of original manufacturer's spare parts, manufacturer's current prices, and 2 recommended quantities to be maintained in storage 3 k. Other data as required under pertinent Sections of Specifications 4 3. Content, for each electric and electronic system, as appropriate: 5 a. Description of system and component parts 6 1) Function, normal operating characteristics, and limiting conditions 7 2) Performance curves, engineering data and tests 8 3) Complete nomenclature and commercial number of replaceable parts 9 b. Circuit directories of panelboards 10 1) Electrical service 11 2) Controls 12 3) Communications 13 c. As installed color coded wiring diagrams 14 d. Operating procedures 15 1) Routine and normal operating instructions 16 2) Sequences required 17 3) Special operating instructions 18 e. Maintenance procedures 19 1) Routine operations 20 2) Guide to "trouble shooting" 21 3) Disassembly, repair and reassembly 22 4) Adjustment and checking 23 f. Manufacturer's printed operating and maintenance instructions 24 g. List of original manufacturer's spare parts, manufacturer's current prices, and 25 recommended quantities to be maintained in storage 26 h. Other data as required under pertinent Sections of Specifications 27 4. Prepare and include additional data when the need for such data becomes apparent 28 during instruction of City's personnel. 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE 32 A. Provide operation and maintenance data by personnel with the following criteria: 33 1. Trained and experienced in maintenance and operation of described products 34 2. Skilled as technical writer to the extent required to communicate essential data 35 3. Skilled as draftsman competent to prepare required drawings 36 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 8 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 78 39 1 PROJECT RECORD DOCUMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Work associated with the documenting the project and recording changes to project 6 documents, including: 7 a. Record Drawings 8 b. Water Meter Service Reports 9 c. Sanitary Sewer Service Reports 10 d. Large Water Meter Reports 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS 23 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 24 City’s Project Representative. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE 29 A. Accuracy of Records 30 1. Thoroughly coordinate changes within the Record Documents, making adequate 31 and proper entries on each page of Specifications and each sheet of Drawings and 32 other Documents where such entry is required to show the change properly. 33 2. Accuracy of records shall be such that future search for items shown in the Contract 34 Documents may rely reasonably on information obtained from the approved Project 35 Record Documents. 36 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 1 information that the change has occurred. 2 4. Provide factual information regarding all aspects of the Work, both concealed and 3 visible, to enable future modification of the Work to proceed without lengthy and 4 expensive site measurement, investigation and examination. 5 1.10 STORAGE AND HANDLING 6 A. Storage and Handling Requirements 7 1. Maintain the job set of Record Documents completely protected from deterioration 8 and from loss and damage until completion of the Work and transfer of all recorded 9 data to the final Project Record Documents. 10 2. In the event of loss of recorded data, use means necessary to again secure the data 11 to the City's approval. 12 a. In such case, provide replacements to the standards originally required by the 13 Contract Documents. 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS 17 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 18 2.2 RECORD DOCUMENTS 19 A. Job set 20 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 21 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 22 B. Final Record Documents 23 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 24 the City 1 complete set of all Final Record Drawings in the Contract. 25 2.3 ACCESSORIES [NOT USED] 26 2.4 SOURCE QUALITY CONTROL [NOT USED] 27 PART 3 - EXECUTION 28 3.1 INSTALLERS [NOT USED] 29 3.2 EXAMINATION [NOT USED] 30 3.3 PREPARATION [NOT USED] 31 3.4 MAINTENANCE DOCUMENTS 32 A. Maintenance of Job Set 33 1. Immediately upon receipt of the job set, identify each of the Documents with the 34 title, "RECORD DOCUMENTS - JOB SET". 35 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 2. Preservation 1 a. Considering the Contract completion time, the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed, devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City, until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum clearly mark any deviations from Contract Documents 10 associated with installation of the infrastructure. 11 4. Making entries on Drawings 12 a. Record any deviations from Contract Documents. 13 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 14 change by graphic line and note as required. 15 c. Date all entries. 16 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 17 e. In the event of overlapping changes, use different colors for the overlapping 18 changes. 19 5. Conversion of schematic layouts 20 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 21 ducts, and similar items, are shown schematically and are not intended to 22 portray precise physical layout. 23 1) Final physical arrangement is determined by the Contractor, subject to the 24 City's approval. 25 2) However, design of future modifications of the facility may require 26 accurate information as to the final physical layout of items which are 27 shown only schematically on the Drawings. 28 b. Show on the job set of Record Drawings, by dimension accurate to within 1 29 inch, the centerline of each run of items. 30 1) Final physical arrangement is determined by the Contractor, subject to the 31 City's approval. 32 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 33 ceiling plenum", "exposed", and the like). 34 3) Make all identification sufficiently descriptive that it may be related 35 reliably to the Specifications. 36 c. The City may waive the requirements for conversion of schematic layouts 37 where, in the City's judgment, conversion serves no useful purpose. However, 38 do not rely upon waivers being issued except as specifically issued in writing 39 by the City. 40 B. Final Project Record Documents 41 1. Transfer of data to Drawings 42 a. Carefully transfer change data shown on the job set of Record Drawings to the 43 corresponding final documents, coordinating the changes as required. 44 b. Clearly indicate at each affected detail and other Drawing a full description of 45 changes made during construction, and the actual location of items. 46 c. Call attention to each entry by drawing a "cloud" around the area or areas 47 affected. 48 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure 1 longevity and clear reproduction. 2 2. Transfer of data to other Documents 3 a. If the Documents, other than Drawings, have been kept clean during progress of 4 the Work, and if entries thereon have been orderly to the approval of the City, 5 the job set of those Documents, other than Drawings, will be accepted as final 6 Record Documents. 7 b. If any such Document is not so approved by the City, secure a new copy of that 8 Document from the City at the City's usual charge for reproduction and 9 handling, and carefully transfer the change data to the new copy to the approval 10 of the City. 11 3.5 REPAIR / RESTORATION [NOT USED] 12 3.6 RE-INSTALLATION [NOT USED] 13 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 24 SECTION 02930 - SEEDING - 1 - SECTION 02930 - SEEDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, “Seeding for Erosion Control” and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors’ certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. SECTION 02930 - SEEDING - 2 - C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2 – PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Purity Germination 25 Bermuda (unhulled) Cynodon dactylon 85% 90% 75 Bermuda (hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda (unhulled) Cynodon dactylon 84% 85% 2 Native grass seed – (to be used in open areas as specified) The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name SECTION 02930 - SEEDING - 3 - 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestem* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestem Andropogon gerardii 8.0 Eastern Grama Tripscacum dactyloides 1.2 Blue Grama Bouteloua gracilis 1.8 Switchgrass Panicum virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed – (to be used in open fields as specified) All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden - Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. SECTION 02930 - SEEDING - 4 - 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. c. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. SECTION 02930 - SEEDING - 5 - PART 3 – EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling 1. In all compacted areas till one inch (1”) deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half (1/2”) inch inside "drip line" of trees. C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering / irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2") per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1”) inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4”-3/8”) utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING SECTION 02930 - SEEDING - 6 - A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. 5. “Flat” and “sloping” surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.B.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and / or sod application and establishment, protection, replanting as necessary , maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2 – 2.01 – D. for watering requirements to be executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of three (3”) inches with a minimum of one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner.. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A “stand” shall be defined as: a. Bermuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION 32 93 43 - 1 TREES AND SHRUBS Page 1 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 SECTION 32 93 43 1 TREES AND SHRUBS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Tree and shrub (“plants”) planting within street right-of-way and easements and 6 establishment requirements. 7 2. Tree removal and transplant is to be performed in accordance with Section 31 10 00 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 12 2. Division 1 - General Requirements 13 3. Section 31 10 00 – Site Clearing 14 4. Section 32 92 13 - Hydromulching, Seeding and Sodding 15 5. Section 32 91 19 - Topsoil Placement and Finishing of Parkways 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Plant Tree 19 a. Measurement 20 1) Measurement for this Item shall be per each by caliper inch. 21 b. Payment 22 1) The work performed and materials furnished in accordance with this Item 23 and measured as provided under “Measurement” will be paid for at the unit 24 price bid per each tree to be planted by caliper inch. 25 c. The price bid shall include: 26 1) Furnishing, installing and establishing trees 27 2) Hauling 28 3) Grading and backfilling 29 4) Excavation 30 5) Fertilization 31 6) Water 32 7) Removing and disposing of surplus material 33 8) Maintenance and possible replacement during Establishment Period and 34 Warranty Period 35 9) Removal of Stakes prior to Establishment Period Inspection 36 2. Shrubs and Groundcover 37 a. Measurement 38 1) Measurement for this Item shall be per each. 39 b. Payment 40 32 93 43 - 2 TREES AND SHRUBS Page 2 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 1) The work performed and materials furnished in accordance with this Item 1 and measured as provided under “Measurement” will be paid for at the unit 2 price bid per shrub and groundcover. 3 c. The price bid shall include: 4 1) Furnishing, installing and establishing shrubs and groundcover 5 2) Hauling 6 3) Grading and backfilling 7 4) Excavation 8 5) Fertilization 9 6) Water 10 7) Removing and disposing of surplus material 11 8) Maintenance and possible replacement during Establishment and Warranty 12 Period 13 1.3 REFERENCES 14 A. Reference Standards 15 1. Reference standards cited in this specification refer to the current reference standard 16 published at the time of the latest revision date logged at the end of this 17 specification, unless a date is specifically cited. 18 2. American National Standards Institute (ANSI): 19 a. ANSI Z60.1, American Standard for Nursery Stock 20 3. Hortus Third, The Staff of the L.H. Bailey Hortorium. 1976. MacMillan Publishing 21 Co., New York. 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 ACTION SUBMITTALS [NOT USED] 24 1.6 INFORMATIONAL SUBMITTALS 25 A. Tree data: Submit certification from supplier that each type of tree conforms to 26 specification requirements. 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Coordination 31 1. Coordinate with City Forester prior to beginning construction activities adjacent to 32 or that will impact existing trees and shrubs. 33 B. Qualifications 34 1. Landscaper specialized in landscape and planting work 35 C. Substitutions 36 1. Not permitted unless approved by City when specified planting material is not 37 obtainable 38 a. Submit proof of non-availability together with proposal for use of equivalent 39 material. 40 b. Substitutions of larger size or better grade than specified will be allowed upon 41 approval by City Forester, but with no increase in unit price. 42 32 93 43 - 3 TREES AND SHRUBS Page 3 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 1.10 DELIVERY, STORAGE, AND HANDLING 1 A. Do not remove container grown stock from containers before time of planting. 2 B. Delivery and Acceptance Requirements 3 1. Ship trees with Certificates of Inspection as required by governing authorities. 4 2. Label each tree and shrub with securely attached waterproof tag bearing legible 5 designation of botanical and common name. Tag must remain until throughout 6 Establishment period. 7 3. Use protective covering during delivery. 8 4. Deliver packaged materials in fully labeled original containers showing weight, 9 analysis and name of manufacturer. 10 C. Storage and Handling Requirements 11 1. Protect materials from deterioration during delivery, and while stored at Site. 12 2. Do not prune prior to installation. 13 3. Do not bend or bind-tie trees or shrubs in such manner as to damage bark, break 14 branches, or destroy natural shape. 15 1.11 FIELD CONDITIONS [NOT USED] 16 1.12 WARRANTY 17 A. Warranty Period: at all times after planting and for the duration of the Establishment 18 Period and for one year beyond the Establishment Period. 19 1. Warranty Period for Landscaping ends same time as warranty period for overall 20 project. 21 B. Contractor shall warrant plants against defects including: 22 1. Death 23 2. Unsatisfactory growth 24 3. Loss of shape due to improper pruning, watering, maintenance or weather 25 conditions. 26 PART 2 - PRODUCTS 27 2.1 OWNER-FURNISHED PRODUCTS [NOT USED] 28 2.2 MATERIALS 29 1. General 30 a. Plants shall be true to species and variety specified, grown under climatic 31 conditions similar to those in the locality of the project for at least 2 years and 32 have been freshly dug during the most recent favorable harvest season. 33 b. All plant names and descriptions are as defined in Hortus Third. 34 c. All plants are to be grown and harvested in accordance with the American 35 Standard for Nursery Stock. 36 d. Unless approved by the City Forester, plants shall have been grown in a latitude 37 not more than 200 miles north or south of the latitude of the project unless the 38 provenance of the plant can be documented to be compatible with the latitude 39 and cold hardiness zone of the planting location. 40 32 93 43 - 4 TREES AND SHRUBS Page 4 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 e. All plant materials must be approved by the City prior to purchasing materials. 1 City may inspect nursery or ask for other documentation prior to acceptance of 2 materials 3 2. Trees 4 a. Provide container grown trees which are straight and symmetrical and have 5 persistently preferred main leader. See Figure 1 for reference. 6 7 Figure 1: Main Leader 8 9 b. Mark the tree’s north orientation in the nursery for all deciduous trees grown in 10 the field with a 1-inch diameter spot of white paint on the tree trunk within the 11 bottom twelve inches of the trunk. 12 c. Crown shall be in good overall proportion to entire height of tree with 13 branching configuration. Tree shall have crown height that is roughly 2/3 of the 14 overall height. An acceptable tree shall not have the crown begin above half the 15 height of the tree. See Figure 2 for Crown Height. For recommended height of 16 trees refer to the tables in Section 2 of ANSI Z60.1 for type and species 17 specified. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 32 93 43 - 5 TREES AND SHRUBS Page 5 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 1 2 3 4 Figure 2: Crown Height 5 6 d. Trees designated as balled and burlapped (B&B) shall be properly dug with 7 firm, natural balls of soil retaining as many fibrous roots as possible, in sizes and 8 shapes as specified in the American Standard for Nursery Stock. Balls shall be 9 firmly wrapped with nonsynthetic, rottable burlap and secured with nails and 10 heavy, nonsynthetic, rottable twine. The root collar shall be apparent at surface 11 of ball. Trees with loose, broken, processed, or manufactured root balls will not 12 be accepted, except with special written approval before planting. Burlap to be 13 removed from top 1/3 of rootball when planted. 14 e. Where clump is specified, furnish plant having minimum of three stems 15 originating from common base at ground line. 16 f. Measure trees by average caliper of trunk as follows: 17 1) For trunks up to 4 inches or less in diameter, measure caliper 6 inches 18 above top of root ball. 19 2) For trunks more than 4 inches, measure caliper 12 inches above top of root 20 ball. 21 3) Caliper measurements 22 a) By diameter tape measure 23 b) Indicated calipers on Drawings are minimum 24 c) Averaging of plant caliber: not permitted 25 g. Trees shall conform to following requirements: 26 1) Healthy 27 2) Vigorous stock 28 3) Grown in recognized nursery 29 4) Free of: 30 a) Disease 31 b) Insects 32 c) Eggs 33 d) Larvae 34 e) Defects such as: 35 (1) Knots 36 (2) Sun-scald 37 (3) Injuries 38 (4) Abrasions 39 (5) Disfigurement 40 (6) Borers and infestations 41 3. Soil Products 42 a. Topsoil: See 32 91 19. 43 b. Peat moss and fertilizer: Use material recommended by City Forester for 44 establishment of healthy stock after replanting. 45 c. All planting beds to be top dressed with a minimum of 3" "Rustic Cut 46 Hardwood Mulch" by Soil Building Solutions (or approved equal) and meet the 47 following conditions 48 1) pH: 6.5-8.5 49 32 93 43 - 6 TREES AND SHRUBS Page 6 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 2) It shall be free of man-made foreign matter, lumber, treated materials, 1 pallets, grass and leaves. 2 3) No particle size should exceed 3.5" in length. 3 d. All landscape bed areas to be prepared using "Ready to Plant Bedding Mix" by 4 Soil Building Solutions (or approved equal) and meet the following conditions 5 1) It shall be a mixture of 50% compost with 50% screened and weed-free 6 native soil and screened sharp sand. 7 2) 98.5% of the planting bed soil particles will pass through a 1/2 inch screen 8 and 99% or more shall pass through a 3/4 inch screen. 9 3) Color will be a medium brown with a weight of 1900-2250 lbs. per cubic 10 yard (depending on the moisture content.) 11 4) Install to depths per planting details (8" depth min.) 12 5) Finished grades of planting beds to be 2" below finished grade of adjacent 13 paving or as shown on grading plan. 14 4. Stakes and Guys 15 a. Provide minimum 8-foot long steel T-stakes and 1 inch wide plastic tree chains. 16 b. Where applicable for anchoring trees, use wood deadmen: 17 1) Minimum: 2-inch by 4-inch stock 18 2) Minimum: 36 inches long and buried 3 feet. 19 3) Provide white surveyor's plastic tape for flagging tree guys. 20 5. Tree Wrap, Twine and Seal 21 a. Wrap 22 1) First quality 23 2) Bituminous impregnated tape 24 3) Corrugated or crepe paper, specifically manufactured for tree wrapping and 25 having qualities to resist insect infestation 26 b. Twine 27 1) Lightly tarred, medium-coarse sisal (lath) yarn 28 2) Do not use nails or staples to fasten wrapping 29 c. Seal: Commercially available tree wound dressing specifically produced for use 30 in sealing tree cuts and wounds 31 6. Water: clean and free of industrial wastes or other substances harmful to the growth 32 of the tree 33 2.3 ACCESSORIES [NOT USED] 34 2.4 SOURCE QUALITY CONTROL 35 A. Notify City, prior to installation, of location where trees that have been selected for 36 planting may be inspected. 37 B. Plant material will be inspected for compliance with following requirements. 38 1. Genus, species, variety, size and quality 39 2. Size and condition of balls and root systems, insects, injuries and latent defects 40 32 93 43 - 7 TREES AND SHRUBS Page 7 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 PART 3 - EXECUTION [NOT USED] 1 3.1 INSTALLERS [NOT USED] 2 3.2 EXAMINATION [NOT USED] 3 3.3 PREPARATION 4 A. General 5 Protect structures, utilities, sidewalks, pavements, and other facilities and turf areas 6 and existing plants from damage caused by planting operations. 7 B. Install erosion-control measures to prevent erosion or displacement of soils and 8 discharge of soil bearing. 9 C. Lay out individual tree and shrub locations and areas for multiple plantings. Stake 10 locations, outline areas, adjust locations when requested, and obtain Architect's 11 acceptance of layout before excavating or planting. Make minor adjustments as required. 12 D. Lay out plants at locations directed by Architect. Stake locations of individual trees and 13 shrubs and outline areas for multiple plantings. 14 E. Apply anti-desiccant to trees and shrubs using power spray to provide an adequate film 15 over trunks(before wrapping), branches, stems, twigs, and foliage to protect during 16 digging, handling, and transportation. 17 F. Water runoff or airborne dust to adjacent properties and walkways Schedule work so 18 that planting can proceed rapidly as portions of site become available. 19 G. Plant trees after final grades are established and prior to seeding or sodding. 20 H. When planting of trees occurs after seeding work, protect seeded areas and promptly 21 repair damage to seeded areas resulting from tree planting operations in compliance with 22 requirements of Section 32 92 13. 23 I. Layout individual trees at locations shown on Drawings. 24 J. In case of conflicts, notify City before proceeding with work. 25 K. Stake trees for City approval. 26 L. Preparation of Planting Soil 27 1. Before mixing, clean topsoil of roots, plants, sod, stones, clay lumps, and other 28 extraneous materials harmful or toxic to plant growth. 29 2. Strip and utilize 4 inch layer of top soil from existing ground. 30 3. Delay mixing of fertilizer when planting will not follow placing of planting soil 31 within 48 hours. 32 4. Incorporate amendments into soil as part of soil preparation process prior to fine 33 grading, fertilizing, and planting. 34 5. Broadcast or spread amendments evenly at specified rate over planting area. 35 6. Thoroughly incorporate amendments into top 3 or 4 inches of soil until 36 amendments are pulverized and have become homogeneous layer of topsoil ready 37 for planting. 38 3.4 INSTALLATION 39 A. Planting Area Establishment 40 Loosen subgrade of planting areas to a minimum depth of 6 inches. Remove stones 41 larger than 1 inch in any dimension and sticks, roots, rubbish, and other extraneous 42 matter and legally dispose of them off Owner's property. 43 32 93 43 - 8 TREES AND SHRUBS Page 8 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 1 1. Spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly 2 blend planting soil. Delay mixing fertilizer with planting soil if planting will not 3 proceed within a few days. 4 5 2. Spread planting soil to a depth of 6 inches but not less than required to meet finish 6 grades after natural settlement. Do not spread if planting soil or subgrade is frozen, 7 muddy, or excessively wet. Spread approximately one-half the thickness of planting 8 soil over loosened subgrade. Mix thoroughly into top 2 inches of subgrade. Spread 9 remainder of planting soil. 10 11 12 B. Finish Grading: 13 Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine 14 texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. Finish 15 Grade shall be below finish grade of building for proper drainage away from building. 16 17 1. Before planting, obtain Architect's/ Engineer or City Agent acceptance of finish 18 grading; Once that approval is granted then the Contractor may install the 19 plantings. Please note any planting installed prior to finish grading approval are 20 subject to rejection. Once plantings are installed restore planting areas if eroded or 21 otherwise disturbed to finish grade. 22 2. Application of Mycorrhizal Fungi: At time directed by Architect's/ Engineer or City 23 Agent, broadcast dry product uniformly over prepared soil at application rate 24 indicated on Drawings. 25 3. This should be in planting installation section- 26 Excavate pits, beds, or trenches with vertical sides and with bottom of excavation 27 raised minimum of 6 inches at center for proper drainage. 28 4. Provide following minimum widths: 29 a. 15 gallon containers or larger, 2 feet wider than diameter of root ball 30 b. 1 and 5 gallon containers, 6 inches wider than diameter of root ball 31 5. When conditions detrimental to plant growth are encountered, such as 32 unsatisfactory soil, obstructions, or adverse drainage conditions, notify City before 33 planting. 34 6. Deliver trees after preparations for planting have been completed and plant 35 immediately. 36 7. When planting is delayed more than 6 hours after delivery 37 a. Set trees and shrubs in shade. 38 b. Protect from weather and mechanical damage. 39 c. Keep roots moist by covering with mulch, burlap, or other acceptable means of 40 retaining moisture, and water as needed. 41 8. Lift plants only from the bottom of the root balls or with belts or lifting harnesses of 42 sufficient width not to damage the root balls. Do not lift trees by their trunk as a 43 lever in positioning or moving the tree in the planting area. 44 32 93 43 - 9 TREES AND SHRUBS Page 9 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 9. Remove plastic, paper, or fibrous pots from the containerized plant material. Pull 1 roots out of the root mat, and cut circling roots with a sharp knife. Loosen the 2 potting medium and shake away from the root mat. Immediately after removing the 3 container, install the plant such that the roots do not dry out. Pack planting mix 4 around the exposed roots while planting. 5 10. Cut ropes or strings from the top of root balls and trees after plant has been set. 6 Remove burlap or cloth wrapping and any wire baskets from around top half of 7 balls. Do not turn under and bury portions of burlap at top of ball. Set balled and 8 burlapped trees in the hole with the north marker facing north. 9 11. Set root ball on undisturbed soil in center of pit or trench and plumb plant. 10 12. Place plants at level that, after settlement, natural relationship of plant crown with 11 ground surface will be established. 12 13. When set, place additional backfill around base and sides of ball, and work each 13 layer to settle backfill and eliminate voids and air pockets. 14 14. When excavation is approximately 2/3 full, water thoroughly before placing 15 remainder of backfill. 16 15. Repeat watering until no more water is absorbed. 17 16. Dish top of backfill to allow for mulching. 18 17. Mulch pits, trenches and planted areas. 19 All trees, shrubs and other plantings will be mulched with mulch previously 20 approved by the City Forester. The mulch on trees and shrubs shall be to the 21 depths shown on the drawing. Mulch must not be placed within 3 inches of the 22 trunks of trees and shrubs. 23 18. Provide 2 to 4 inch thickness of mulch, work into top of backfill, and finish level 24 with adjacent finish grades. 25 19. Cover entire root ball. 26 20. Prune 27 a. Plants shall not be heavily pruned at the time of planting. Pruning is required at 28 planting to correct defects in the tree structure, including removal of injured 29 branches, double leaders, watersprouts, suckers, and interfering branches. 30 Healthy lower branches and interior small twigs should not be removed except 31 as necessary to clear walks and roads. In no case should more than 1/4 of the 32 branching structure be removed. Retain the normal shape of the plant. 33 b. All pruning shall be completed using clean sharp tools. All cuts shall be clean 34 and smooth, with the bark intact with no rough edges or tears. 35 c. Except in circumstances dictated by the needs of specific pruning practices, tree 36 paint shall not be used. The use of tree paint shall be only upon approval of the 37 City Forester. Tree paint, when required, shall be paint specifically formulated 38 and manufactured for horticultural use. 39 21. Prune trees to retain required height and spread. 40 22. Do not cut tree leaders, and remove only injured and dead branches from flowering 41 trees. 42 23. Remove and replace excessively pruned or misformed stock resulting from 43 improper pruning. 44 24. Inspect tree trunks for injury, improper pruning and insect infestation and take 45 corrective measures. 46 32 93 43 - 10 TREES AND SHRUBS Page 10 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 25. Guy and stake trees immediately after planting. 1 26. 2 B. Moving Existing Trees 3 1. Coordinate tree moving and replanting with City Forester during dormant growth 4 season. 5 2. Provide tree spade of adequate size as directed by City Forester. 6 7 3.5 GROUND COVER AND PLANT PLANTING 8 A. Prior to installation mark all tree location and planting locations with paint and contact 9 the Architect's/ Engineer or City Agent for approval. Any plantings install without a 10 location approval will be subject to rejection by Agent and plantings may be required 11 to be replaced and relocated at no cost to the City. 12 B. City to inspect all plantings prior to installation. Contractor must schedule an 13 inspection with City Agent 10 business days prior to delivery. Any canceled 14 inspection will require minimum 3 business day notice for rescheduling. 15 C. Before planting, verify that root flare is visible at top of root ball according to ANSI 16 Z60.1. If root flare is not visible, remove soil in a level manner from the root ball to 17 where the top-most root emerges from the trunk. After soil removal to expose the root 18 flare, verify that root ball still meets size requirements. 19 D. Remove stem girdling roots and kinked roots. Remove injured roots by cutting 20 cleanly; do not break. 21 E. Set container-grown stock plumb and in center of planting pit or trench with root flare 22 2 inches above adjacent finish grades. 23 F. Use planting soil planting plan for backfill. 24 G. Carefully remove root ball from container without damaging root ball or plant. 25 H. Backfill around root ball in layers, tamping to settle soil and eliminate voids and air 26 pockets. 27 I. When planting pit is approximately one-half filled, water thoroughly before placing 28 remainder of backfill. Repeat watering until no more water is absorbed. 29 J. Place planting tablets in each planting pit when pit is approximately one-half filled; in 30 amounts recommended in soil reports from soil-testing laboratory. Place tablets beside 31 the root ball about 1 inch from root tips; do not place tablets in bottom of the hole. 32 K. Continue backfilling process. Water again after placing and tamping final layer of soil. 33 L. When planting on slopes, set the plant so the root flare on the uphill side is flush with 34 the surrounding soil on the slope; the edge of the root ball on the downhill side will be 35 above the surrounding soil. Need to provide a detail. See attached 36 M. Apply enough soil to cover the downhill side of the root ball. 37 32 93 43 - 11 TREES AND SHRUBS Page 11 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 3.6 REPAIR/RESTORATION [NOT USED] 1 3.7 RE-INSTALLATION [NOT USED] 2 3.7 FIELD QUALITY CONTROL 3 A. City may reject unsatisfactory or defective material at anytime during progress of 4 work. 5 B. Remove rejected trees immediately from site and replace with specified materials. 6 C. Plant material not installed in accordance with these Specifications will be rejected. 7 D. After planting and prior to the Establishment Period, the contractor is responsible for 8 all maintenance and work to be performed. The Contractor is responsible for any 9 landscaping items that die prior to the end of Establishment Period. 10 E. A Final Inspection shall be scheduled between the City and Contractor prior to 11 acceptance and the beginning of the Establishment Period for the landscaping. This can 12 be together or separate from the Final Inspection for the overall project, however should 13 be scheduled within one month of each other. A punch list will made of landscaping 14 items to replace. Upon completion of the punch list, the contractor shall submit in 15 writing that the punch list has been complete and is ready for the establishment period 16 to begin, email is acceptable. The establishment period shall begin upon written 17 confirmation from the City that the punch list is complete, email is acceptable, or 10 18 business days after Contractor has submitted completion of punch list in writing. 19 1. During the Establishment Period the contractor is responsible for all maintenance 20 and work to be performed. The Contractor is responsible for any landscaping items 21 that die during the Establishment period. 22 2. During the Establishment Period the following will be required: 23 3. General 24 4. 25 5. The Contractor shall furnish all labor, materials, supplies and equipment required to 26 establish, maintain, and protect the planted and seeded areas, for a one year plant 27 establishment period from date of acceptance of the initial planting operations. 28 However, maintenance activities shall commence immediately after each item is 29 planted or when areas have been seeded. 30 6. 31 7. The Contractor shall supply a maintenance schedule to the Engineer, thirty (30) 32 days prior to the landscape inspection. The Contractor shall also be responsible for 33 protection of his work during the maintenance period, and shall repair and replace 34 all materials and seeded areas damaged or destroyed within the scope of the Work, 35 regardless of cause. 36 8. 37 9. The Contractor’s staff shall include supervisory personnel experienced in landscape 38 maintenance. The Work Force is to be experienced and familiar with maintaining 39 plant material in subarctic conditions. 40 10. Watering 41 11. 42 32 93 43 - 12 TREES AND SHRUBS Page 12 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 12. A proposed watering schedule shall be submitted to the Engineer thirty (30) days 1 prior to installation of plant materials. The Contractor shall deep water all trees and 2 shrubs, providing water penetration throughout the root zone to the full depth of the 3 planting pits. 4 13. 5 14. The Contractor shall deep water all trees and shrubs twice each week during the 6 maintenance period. Watering shall cease at first hard frost in the fall and shall 7 resume upon ground thaw in the spring. 8 15. 9 16. If at any time during the maintenance period weather conditions (such as extended 10 period with no rain or continuous drying winds) cause the plant root zone to dry 11 out, the Engineer may direct the Contractor to deep water all trees and shrubs. 12 Contractor shall provide supplemental watering immediately and at no additional 13 cost to the Municipality. 14 17. 15 18. Water application shall be applied at a rate that will provide moisture penetration 16 throughout the entire root zone with a minimum of water run-off. Should soil 17 conditions be encountered that are not conducive to water absorption, the 18 Contractor shall take whatever corrective actions that may be required to correct 19 this condition, without additional cost to the Owner. 20 19. Turf, seeded, bulb areas, and annual flower beds shall be watered at such frequency 21 as weather conditions require to maintain soil moisture within the root zone. When 22 establishing turf and seeded areas, the soil shall be watered often enough to 23 maintain a moist seedbed to promote healthy seed germination resulting in an even 24 and uniform coverage. If the Contractor does not provide adequate watering as 25 required by the Engineer, the Engineer will hire others to perform this task and 26 deduct costs from final payment to the Contractor. C. Pruning 27 20. 28 21. Pruning shall only be conducted for repair or as specified by the Engineer. Pruning 29 shall conform to ANSI 300 Standards and shall be done by a certified arborist. 30 Dead, broken, or damaged branches may be pruned at any time. Pruning for form 31 shall begin the year after installation. No tree shall be topped. Any tree damaged by 32 improper pruning shall be replaced by the Contractor. 33 22. D. Staking and Guying 34 23. 35 24. Stakes and guys, where used, are to be inspected and adjusted as necessary 36 throughout the maintenance period to prevent girdling of trunks or branches, and to 37 prevent rubbing that causes bark wounds. Damaged or missing tree stakes shall be 38 immediately replaced by the Contractor at no additional cost to the Owner. 39 Contractor shall remove staking after the first year, unless the Engineer requests 40 them to be left on longer. Unless otherwise specified, stakes shall be removed at 41 the end of warranty. 42 25. E. Plant Repair and Replacement 43 26. 44 32 93 43 - 13 TREES AND SHRUBS Page 13 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 27. The Contractor shall repair/replace damaged plant materials, regardless of cause, 1 immediately. If City Agent inspects site and notice dead plant material. The 2 contractor shall have 7 business days to replace planting regardless of cause and 3 then notify City of replacement for acceptance and inspection. The Contractor shall 4 catalog all replacement as extended warranties may be required prior to Warranty 5 Period inspection. Repair shall include pruning, guying, staking, etc., as necessary. 6 Should repair of plant materials reduce their acceptance to less than minimum 7 specified conditions, the Contractor shall replace plants with specified plant 8 replacements at no additional cost to the Owner. 9 10 28. Fertilization 11 29. 12 30. If the construction or maintenance period extends into a second growing season, 13 representative soil tests from the project site shall be taken by the Contractor and 14 submitted to an approved testing lab for fertility testing and submitted to the City 15 within 7 business days unless otherwise agreed upon by City Agent. The results of 16 these tests and recommendations for fertilization and limestone application shall be 17 provided to the Engineer and will be the basis for establishing required application 18 rates. All necessary applications shall be completed 30 days prior to Establishment 19 Period begins. 20 31. 21 32. Formulations will vary according to soil tests 22 33. G. Diseases and Pests 23 34. 24 35. The Contractor shall coordinate with the Engineer in the event that disease, invasive 25 plant infestation, or pest problems are observed on plants within a Project area. The 26 Contractor and the Engineer shall formulate an Integrated Pest Management 27 program to control the disease, invasive plants, or pests. The IPM program can use 28 biological, physical, cultural, mechanical, behavioral, and chemical methods to 29 resolve the issue. Chemical pesticides are to be used only when other options are 30 not feasible or effective. If pesticides are used, the least toxic pesticide to 31 accomplish the task shall be used. 32 36. 33 37. The Contractor shall apply all materials in complete compliance with all State, 34 Federal, and local regulations, and shall supply the Engineer written proof of their 35 safety and acceptability by State, Federal and Local jurisdictions. 36 38. 37 39. In the event a "restricted use" pesticide is to be applied, the Contractor shall obtain 38 appropriate permits and certifications (according to current Pesticide Control) from 39 the State of Texas, governing entity. Proof of certification shall be transmitted to 40 the Engineer prior to application of the chemicals. 41 40. H. Weeding 42 41. 43 42. The Contractor shall maintain all areas in a weed-free condition. Weed removal 44 shall be a routine maintenance activity. 45 43. I. Cleanup 46 32 93 43 - 14 TREES AND SHRUBS Page 14 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 44. 1 45. The Contractor shall keep the project site clean and free of all trash and excess 2 equipment, materials, rubbish, including plant tags, wire, burlap, ribbon, and all 3 debris found within the Project limits, including all roads and trails utilized during 4 Construction. Cleanup will be one of the conditions to be met prior to acceptance 5 of landscape installation and Final Acceptance. 6 46. J. Other Tree and Shrub Maintenance 7 47. 8 48. To protect coniferous trees during the winter from excessive desiccation, apply an 9 anti-desiccant such as "Wilt-Pruf" (or approved equal) prior to the winter shut-10 down period. Complete coverage of all foliage is required. 11 49. Inspection 12 50. 13 51. The Engineer shall make periodic maintenance inspections of the work. All 14 deficiencies noted shall be corrected within five (7) calendar days from written 15 notice, at no additional cost to the Owner. All delays beyond the five-day period 16 shall result in an equal number of days added to the one year plant establishment 17 period. 18 52. Article 2.5 Final Acceptance 19 53. A Final Acceptance Inspection of the project will occur after completion of the one 20 year plant establishment period. Conditions governing final acceptance of the 21 planted and seeded areas are that, in the opinion of the Engineer, all plants are in a 22 live, uniform, and sound and healthy and flourishing condition; free of disease, 23 insect infestation and physical damage, and free of weeds, rubbish and construction 24 debris. If the Engineer does not accept the improvements, the Contractor shall 25 correct all deficiencies until acceptance is received from the Engineer. All costs 26 associated with correcting the deficiencies shall be paid by the Contractor without 27 additional cost to the Owner. 28 54. Should required corrections not be made within thirty (30) days after the initial 29 Final Maintenance Acceptance Inspection, the Contractor shall be assessed 30 liquidated damages 31 55. Article 2.7 Basis of Payment 32 56. Payment for this Work shall be in accordance with Division 10, Section 10.07 - 33 Measurement and Payment, and shall include full payment for all Work described 34 in this Section. Payment for all trees, shrubs, and perennials includes payment for 35 the one year establishment period. Owner will pay the accepted quantity of trees, 36 shrubs and perennials after the Acceptance of Initial Planting Operations, based on 37 seventy percent (70%) of the Contract unit price for the respective pay items. 38 57. Owner will make two payments for the remaining thirty percent (30%) of the 39 Contract price. One-half of the remaining thirty percent (30%), fifteen percent 40 (15%), shall be paid halfway through the one-year plant establishment period. The 41 second half shall be paid upon Final Acceptance except as noted below. 42 32 93 43 - 15 TREES AND SHRUBS Page 15 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 58. If damaged trees, shrubs, and perennials are not repaired or replaced as required 1 within fourteen (14) days of written notice, the Engineer may replace or have 2 replaced the damaged items and deduct the cost of said repair or replacement work 3 from the remaining payments. The cost of said repair or replacement work is based 4 on receipts for replacement plants, shrubs, or trees plus ten percent (10%) 5 administrative markup. 6 F. An inspection to determine final acceptance will be conducted by City at end of the 7 Establishment Period. A punch list will be made of landscaping items to replace. Upon 8 completion of the punch list, the contractor shall submit in writing that the punch list 9 has been complete and is ready for the warranty period to begin, email is acceptable. 10 The warranty period shall begin upon written confirmation from the City that the punch 11 list is complete, email is acceptable, or 10 business days after Contractor has submitted 12 completion of punch list in writing. 13 1. During the Warranty Period the City is responsible for all maintenance and work to 14 be performed. The Contractor is responsible for replacement of any landscaping 15 items that die during the warranty period not caused by the following factors; lack 16 of water, lack of maintenance, impact from vehicle, severe weather. 17 G. Warranty periods provided for in paragraph 1.12A. 18 1. An inspection to determine project acceptance will be conducted by the City at the 19 end of the Warranty Period. A punch list will be made of landscaping items to 20 replace. Upon completion of the punch list, the contractor shall submit in writing 21 that the punch list has been complete and is ready for the warranty period to end, 22 email is acceptable. The warranty period shall end upon written confirmation from 23 the City that the punch list is complete, email is acceptable, or 10 business days 24 after Contractor has submitted completion of punch list in writing. 25 2. After Warranty Period has ended, the City accepts all maintenance, work and 26 responsibility for all Landscaping Items. 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING 30 A. During planting work, keep pavements clean and work area in orderly condition. 31 B. Dispose of excess soil and waste in approved location. 32 C. Waste Material Disposal: On-site burning of combustible cleared materials shall not 33 be permitted. 34 3.11 CLOSEOUT ACTIVITIES [NOT USED] 35 3.12 PROTECTION 36 A. Protect planting work and materials from damage due to planting operations. 37 B. Maintain protection during installation and maintenance period. 38 C. Treat, repair, or replace damaged planting work. 39 3.13 ESTABLISHMENT 40 A. Establishment Period shall be 12 months after verification of satisfactory installation 41 of plants. 42 32 93 43 - 16 TREES AND SHRUBS Page 16 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 B. During the Establishment Period if a work schedule and frequency are not shown on 1 the Drawings, perform the minimum requirements shown below: 2 1. During the Establishment Period the following will be required: 3 2. General 4 3. 5 4. The Contractor shall furnish all labor, materials, supplies and equipment required to 6 establish, maintain, and protect the planted and seeded areas, for a one year plant 7 establishment period from date of acceptance of the initial planting operations. 8 However, maintenance activities shall commence immediately after each item is 9 planted or when areas have been seeded. 10 5. 11 6. The Contractor shall supply a maintenance schedule to the Engineer, thirty (30) 12 days prior to the landscape inspection. The Contractor shall also be responsible for 13 protection of his work during the maintenance period, and shall repair and replace 14 all materials and seeded areas damaged or destroyed within the scope of the Work, 15 regardless of cause. 16 7. 17 8. The Contractor’s staff shall include supervisory personnel experienced in landscape 18 maintenance. The Work Force is to be experienced and familiar with maintaining 19 plant material in subarctic conditions. 20 9. Watering 21 10. 22 11. A proposed watering schedule shall be submitted to the Engineer thirty (30) days 23 prior to installation of plant materials. The Contractor shall deep water all trees and 24 shrubs, providing water penetration throughout the root zone to the full depth of the 25 planting pits. 26 12. 27 13. The Contractor shall deep water all trees and shrubs twice each week during the 28 maintenance period. Watering shall cease at first hard frost in the fall and shall 29 resume upon ground thaw in the spring. 30 14. 31 15. If at any time during the maintenance period weather conditions (such as extended 32 period with no rain or continuous drying winds) cause the plant root zone to dry 33 out, the Engineer may direct the Contractor to deep water all trees and shrubs. 34 Contractor shall provide supplemental watering immediately and at no additional 35 cost to the Municipality. 36 16. 37 17. Water application shall be applied at a rate that will provide moisture penetration 38 throughout the entire root zone with a minimum of water run-off. Should soil 39 conditions be encountered that are not conducive to water absorption, the 40 Contractor shall take whatever corrective actions that may be required to correct 41 this condition, without additional cost to the Owner. 42 32 93 43 - 17 TREES AND SHRUBS Page 17 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 18. Turf, seeded, bulb areas, and annual flower beds shall be watered at such frequency 1 as weather conditions require to maintain soil moisture within the root zone. When 2 establishing turf and seeded areas, the soil shall be watered often enough to 3 maintain a moist seedbed to promote healthy seed germination resulting in an even 4 and uniform coverage. If the Contractor does not provide adequate watering as 5 required by the Engineer, the Engineer will hire others to perform this task and 6 deduct costs from final payment to the Contractor. C. Pruning 7 19. 8 20. Pruning shall only be conducted for repair or as specified by the Engineer. Pruning 9 shall conform to ANSI 300 Standards and shall be done by a certified arborist. 10 Dead, broken, or damaged branches may be pruned at any time. Pruning for form 11 shall begin the year after installation. No tree shall be topped. Any tree damaged by 12 improper pruning shall be replaced by the Contractor. 13 21. D. Staking and Guying 14 22. 15 23. Stakes and guys, where used, are to be inspected and adjusted as necessary 16 throughout the maintenance period to prevent girdling of trunks or branches, and to 17 prevent rubbing that causes bark wounds. Damaged or missing tree stakes shall be 18 immediately replaced by the Contractor at no additional cost to the Owner. 19 Contractor shall remove staking after the first year, unless the Engineer requests 20 them to be left on longer. Unless otherwise specified, stakes shall be removed at 21 the end of warranty. 22 24. E. Plant Repair and Replacement 23 25. 24 26. The Contractor shall repair/replace damaged plant materials, regardless of cause, 25 immediately. If City Agent inspects site and notice dead plant material. The 26 contractor shall have 7 business days to replace planting regardless of cause and 27 then notify City of replacement for acceptance and inspection. The Contractor shall 28 catalog all replacement as extended warranties may be required prior to Warranty 29 Period inspection. Repair shall include pruning, guying, staking, etc., as necessary. 30 Should repair of plant materials reduce their acceptance to less than minimum 31 specified conditions, the Contractor shall replace plants with specified plant 32 replacements at no additional cost to the Owner. 33 34 27. Fertilization 35 28. 36 29. If the construction or maintenance period extends into a second growing season, 37 representative soil tests from the project site shall be taken by the Contractor and 38 submitted to an approved testing lab for fertility testing and submitted to the City 39 within 7 business days unless otherwise agreed upon by City Agent. The results of 40 these tests and recommendations for fertilization and limestone application shall be 41 provided to the Engineer and will be the basis for establishing required application 42 rates. All necessary applications shall be completed 30 days prior to Establishment 43 Period begins. 44 30. 45 31. Formulations will vary according to soil tests 46 32. G. Diseases and Pests 47 32 93 43 - 18 TREES AND SHRUBS Page 18 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 33. 1 34. The Contractor shall coordinate with the Engineer in the event that disease, invasive 2 plant infestation, or pest problems are observed on plants within a Project area. The 3 Contractor and the Engineer shall formulate an Integrated Pest Management 4 program to control the disease, invasive plants, or pests. The IPM program can use 5 biological, physical, cultural, mechanical, behavioral, and chemical methods to 6 resolve the issue. Chemical pesticides are to be used only when other options are 7 not feasible or effective. If pesticides are used, the least toxic pesticide to 8 accomplish the task shall be used. 9 35. 10 36. The Contractor shall apply all materials in complete compliance with all State, 11 Federal, and local regulations, and shall supply the Engineer written proof of their 12 safety and acceptability by State, Federal and Local jurisdictions. 13 37. 14 38. In the event a "restricted use" pesticide is to be applied, the Contractor shall obtain 15 appropriate permits and certifications (according to current Pesticide Control) from 16 the State of Texas, governing entity. Proof of certification shall be transmitted to 17 the Engineer prior to application of the chemicals. 18 39. H. Weeding 19 40. 20 41. The Contractor shall maintain all areas in a weed-free condition. Weed removal 21 shall be a routine maintenance activity. 22 42. I. Cleanup 23 43. 24 44. The Contractor shall keep the project site clean and free of all trash and excess 25 equipment, materials, rubbish, including plant tags, wire, burlap, ribbon, and all 26 debris found within the Project limits, including all roads and trails utilized during 27 Construction. Cleanup will be one of the conditions to be met prior to acceptance 28 of landscape installation and Final Acceptance. 29 45. J. Other Tree and Shrub Maintenance 30 46. 31 47. To protect coniferous trees during the winter from excessive desiccation, apply an 32 anti-desiccant such as "Wilt-Pruf" (or approved equal) prior to the winter shut-33 down period. Complete coverage of all foliage is required. 34 48. Inspection 35 49. 36 50. The Engineer shall make periodic maintenance inspections of the work. All 37 deficiencies noted shall be corrected within five (7) calendar days from written 38 notice, at no additional cost to the Owner. All delays beyond the five-day period 39 shall result in an equal number of days added to the one year plant establishment 40 period. 41 51. Article 2.5 Final Acceptance 42 32 93 43 - 19 TREES AND SHRUBS Page 19 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 52. A Final Acceptance Inspection of the project will occur after completion of the one 1 year plant establishment period. Conditions governing final acceptance of the 2 planted and seeded areas are that, in the opinion of the Engineer, all plants are in a 3 live, uniform, and sound and healthy and flourishing condition; free of disease, 4 insect infestation and physical damage, and free of weeds, rubbish and construction 5 debris. If the Engineer does not accept the improvements, the Contractor shall 6 correct all deficiencies until acceptance is received from the Engineer. All costs 7 associated with correcting the deficiencies shall be paid by the Contractor without 8 additional cost to the Owner. 9 53. Should required corrections not be made within thirty (30) days after the initial 10 Final Maintenance Acceptance Inspection, the Contractor shall be assessed 11 liquidated damages 12 54. Article 2.7 Basis of Payment 13 55. Payment for this Work shall be in accordance with Division 10, Section 10.07 - 14 Measurement and Payment, and shall include full payment for all Work described 15 in this Section. Payment for all trees, shrubs, and perennials includes payment for 16 the one year establishment period. Owner will pay the accepted quantity of trees, 17 shrubs and perennials after the Acceptance of Initial Planting Operations, based on 18 seventy percent (70%) of the Contract unit price for the respective pay items. 19 56. Owner will make two payments for the remaining thirty percent (30%) of the 20 Contract price. One-half of the remaining thirty percent (30%), fifteen percent 21 (15%), shall be paid halfway through the one-year plant establishment period. The 22 second half shall be paid upon Final Acceptance except as noted below. 23 57. If damaged trees, shrubs, and perennials are not repaired or replaced as required 24 within fourteen (14) days of written notice, the Engineer may replace or have 25 replaced the damaged items and deduct the cost of said repair or replacement work 26 from the remaining payments. The cost of said repair or replacement work is based 27 on receipts for replacement plants, shrubs, or trees plus ten percent (10%) 28 administrative markup. 29 C. 30 1. Water trees to full depth a minimum of once each week or as required to promote 31 and establish healthy, vigorous growth. Water other installed plants as required to 32 promote and establish healthy, vigorous growth. 33 2. Prune, cultivate, and weed plants as required for healthy growth. 34 3. Restore planting saucers. 35 4. Plumb leaning trees. Tighten and repair stake and guy supports, and reset trees and 36 shrubs to proper grades or vertical position as required. 37 5. Restore or replace damaged wrappings. 38 6. Spray as required to keep trees and shrubs free of insects and disease. 39 7. Remove all guys and staking prior to one year establishment final inspection. 40 8. Maintain all Chat/ DG/ Mulch or any other surface ground covers to depth specified 41 in the plans and specs at all times. 42 9. Maintain weed free beds. 43 10. Turf shall be maintained with a finished mower and mowed on a minimum 14 - 21 44 day mowing cycle unless otherwise specified by the City 45 11. Mow height shall be 3”-4” finish Mowers 46 32 93 43 - 20 TREES AND SHRUBS Page 20 of 20 CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 12. Remove all trash and debris 1 13. Under treat and spray B(5) Contractor must identify any and all diseases and submit 2 to the City a treatment plan for review and approval. 3 14. Provide a copy of watering schedule to City monthly starting 60 days from the final 4 acceptance or punch list as established by the City. 5 15. The Contractor shall meet with City Inspector for a minimum of 4 inspections 6 during the year. 7 16. Contractor shall remove and replace any plant that does not survive installation or 8 which is dying or dies during the Establishment Period. Plants shall be replaced as 9 soon as it is determined by the City that the plant is no longer alive or is of such 10 doubtful condition that replacement is or will be required. Contractor is to maintain 11 replaced plants as described above until growth is established until the end of the 12 Establishment Period. Any replaced plant that dies after expiration of the 13 Establishment Period shall be again replaced by Contractor and/or Surety under the 14 Maintenance Bond. 15 17. Failure of Contractor to perform during the Establishment Period shall entitle the 16 City with hold payments or make demand on Contractor and/or its Surety under 17 either the Performance Bond or Maintenance Bond. 18 18. The Establishment Period and Warranty Period shall stay the same for all 19 Landscaping items at all times. The replacement of a Landscaping item may begin 20 a new Establishment Period or Warranty Period. 21 3.14 ATTACHMENTS [NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.1.A – Payment Items removed for tree removal and transplantation; these Items are to be performed in accordance with Section 31 10 00. 3.13.A – modified maintenance period to begin 12 months after final acceptance 3.13.B – Modified maintenance period requirements 24 25 26 27 28 29 30 31 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101873 Revised July 1, 2011 APPENDIX GC-4.01 Availability of Lands - None GC-4.02 Subsurface and Physical Conditions –Geotechnical Report Provided GC-4.04 Underground Facilities - None GC-4.06 Hazardous Environmental Condition at Site -None GC-6.06.D Minority and Women Owned Business Enterprise Compliance – Not Required GC-6.07 Wage Rates - Not Required GC-6.09 Permits and Utilities - Urban Forestry Permit GC-6.24 Nondiscrimination - None GR-01 60 00 Product Requirements - None GEOTECHNICAL ENGINEERING REPORT CHAPEL CREEK, PHASES 4 & 6 AMBER RIDGE DRIVE FORT WORTH, TEXAS Prepared for: D.R. HORTON -DFW WEST DIVISION Fort Worth, Texas EWI Report No. DR184656R3 December 2019 , ~f V,Ellerbee-Walczak, Inc. GEOTECHNICAL ENGINEERING & CONSTRUCTION MATERIAlS TESTING SERVICES December 3,2019 D.R. Horton -DFW West Division 6751 North Freeway Fort Worth, Texas 76131 Attn: Mr. Justin Bosworth Re: Geotechnical Engineering Report Residences -Chapel Creek, Phases 4 & 6 Amber Ridge Drive Fort Worth, Texas 76108 EWI Report No. DR184656R3 (Revised) Gentlemen: Ellerbee-Walczak, Inc. (EWI) has completed the Geotechnical Engineering Report for the above referenced project. This report was revised to include uniform pavement recommendations with the Phase 3 and 5 revised geotechnical reports. The results are presented in the attached report. Please do not hesitate to contact us if you have any questions regarding the information in this report or if we can be of any additional assistance. It has been a pleasure providing geotechnical services for this project. Sincerely, Ellerbee-Walczak, Inc. TSPE Firm No. F-4610 4501 Broadway Ave. • P.O. Box 14809 • Haltom City, Texas 76117 Office 817-759-9999. Fax 817-759-1888 TABLE OF CONTENTS Page 1.0 SITE &PROJECT INFORMATION ..................................................................................... 1 2.0 SCOPE OF SERViCES ....................................................................................................... 1 3.0 FIELD OPERATIONS .......................................................................................................... 2 4.0 LABORATORY TESTING ................................................................................................... 2 5.0 SITE SUBSURFACE CONDITIONS .................................................................................... 4 6.0 GROUNDWATER ............................................................................................................... 6 7.0 ANALYSIS AND RECOMMENDATIONS ........................................................................... 6 7.1 Foundation Recommendations ................................................................................ 7 7.1.1 Post-Tensioned Foundation Systems .............................................................. 8 7.1.2 Piers .............................................................................................................. 9 7.2 Utilities ................................................................................................................... 10 7.3 Earthwork/Site Grading .......................................................................................... 10 7.4 Site Drainage ......................................................................................................... 11 7.5 Pavement Recommendations ................................................................................ 12 7.5.1 Pavement Subgrade Preparation .................................................................. 12 7.5.2 Pavement Designs ........................................................................................ 13 7.5.3 Pavement Movements .................................................................................. 15 7.6 Global Slope Stability ............................................................................................. 16 8.0 LIMITATIONS .................................................................................................................... 16 APPENDIX Figure Plan of Borings ........................................................................................................................... 1 Boring Logs ......................................................................................................................... 2 -64 Soil Classification Chart ........................................................................................................... 65 GEOTECHNICAL ENGINEERING REPORT CHAPEL CREEK, PHASES 4 & 6 AMBER RIDGE DRIVE FORT WORTH, TEXAS 1.0 SITE & PROJECT INFORMATION The project site, designated as Phases 4 and 6 of the Chapel Creek development is generally located on the south side of Amber Ridge Drive, north of Interstate Highway 30 and east of Academy Blvd. in the City of Fort Worth, Tarrant County, Texas. Planning for the residential portions of Phases 4 and 6 of the development will consist of Block Q -Lots 9 & 10, Block R Lots 2 through 11, Block U -Lots 17 through 33, Block V -Lots 14 through 32, Block W -Lots 1, 2 & 20 through 39, Block X -Lots 1 through 19 & 21 through 39, Block Y -Lots 1 through 20 & 21 through 40, Block Z -Lots 1 through 20, Block AA -Lots 1 through 10, Block HH -Lots 1 through 21, Block II -Lots 1 through 13, Block KK -Lots 1 through 36 and Block SS -Lots 1 through 20. Subdivision design consists of a total of about 265 lots of one or two story, wood-frame/brick veneer single-family residences with relatively light foundation loads. We understand that post tensioned ground-supported stiffened slabs are the preferred foundation system for the residences. The provided grading plans indicate cuts of up to about 19 feet and fills up to about 12 feet will be required to achieve finished grades in the pad areas. Some of the pads will have significant differential fill thicknesses. Pavements recommendations in include street pavements for Phases 4 and 6, and Academy Blvd. (Sta. 0+00 to Sta. 12.36+68). 2.0 SCOPE OF SERVICES The purpose of our geotechnical services for this site were to: • Evaluate the subsurface conditions encountered in the borings. • Evaluate the pertinent engineering properties of the recovered samples. • Provide recommendations concerning suitable types of foundation and floor slab systems for the proposed residences. • Provide recommendations for the remaining earthwork, site grading, pavements and a global slope stability on the detention pond. 1#I~21 -1-DR184656R2 3.0 FIELD OPERATIONS The subsurface conditions of the sites were evaluated by performing sixty-three borings, which were drilled between March 23 through March 26 of 2018. The approximate boring locations are provided on the Plan of Borings (Figure 1) in the Appendix. The results of the field exploration program are presented on the Boring Logs (Figures 2 through 64) in the Appendix. A Soil Classification Chart containing the keys to symbols and the description of terms used on the boring logs are presented on Figure 65. A truck-mounted drilling rig with continuous flight augers were used to advance the borings. Soils were sampled using steel tubes and during the performance of standard penetration tests. The load carrying capacity of the harder limestone and shale encountered in most of the borings was evaluated in the field by performance of the Texas Department of Transportation's (TxDOT) Cone Penetration Test. Drilling and sampling were performed in general accordance with applicable ASTM and TxDOT procedures. 4.0 LABORATORY TESTING The Boring Logs and samples were reviewed by a geotechnical engineer who assigned soil samples for testing. Tests were performed in the laboratory by technicians working under the direction of the engineer. Testing was performed in general accordance with applicable ASTM procedures. Liquid and Plastic Limit tests (ASTM D 4318) were performed on samples of the cohesive soils. These tests were used in conjunction with moisture content tests (ASTM D 2216) for classification and estimating their volume change potential. Absorption swell tests were performed on selected samples of the cohesive materials to quantitatively evaluate volume change potential at the in-situ moisture levels. A percent passing the No. 200 sieve test was performed on a selected sample of the cohesive soils to determine the percentage finer than 0.075 mm and to aid in classification. Hand penetrometer tests were performed on samples of cohesive soils to evaluate consistency. The results of the laboratory tests are presented on the Boring Logs in the Appendix. Results of the swell tests are presented in Table 1. -2-DR184656R2 TABLE 1 -SUMMARY OF SWELL TESTS 55 29 25.7 26.9 48 28 23.0 24.1 40 18 18.2 26.4 59 35 18.9 24.2 58 35 28.7 30.1 33 13 19.6 20.5 28 8 -10 50 30 15.3 20.7 29 8-10 61 37 22.5 24.5 30 6-8 45 25 22.1 23.7 6-8 59 29 29.4 32.7 2-4 30 12 15.8 19.0 33 35 4-6 8-10 46 68 26 47 20.0 16.4 21.2 21.8 375 0.2 875 0.1 125 1.8 1125 0.9 875 0.1 375 0 1125 2.4 1125 1.8 875 0 875 0.9 375 0.4 625 0 1125 3.0 56 32 25.0 27.62-436 54 32 29.5 33.037 4-6 56 31 26.2 27.938 0-2 58 36 19.7 24.339 4-6 52 32 11.0 22.340 4-6 41 47 27 19.4 20.82-4 59 31 22.5 30.442 6-8 58 32 16.5 26.543 4-6 42 22 20.9 21.24 2-4 53 27 27.1 28.645 0-2 48 28 18.1 21.746 2-4 50 32 19.5 21.347 4-6 375 625 0.9 125 1.1 625 4.4 625 6.4 375 0 875 3.4 625 4.4 375 0 125 0.2 375 0.8 625 0.1 -3-DR184656R2 TABLE 1 -SUMMARY OF SWELL TESTS 48 6 - 8 57 37 20.0 23.2 875 0.7 49 6-8 81 55 24.4 26.8 875 1.9 50 2-4 46 24 22.6 23.4 375 o 51 4-6 51 30 22.7 25.6 625 0.4 52 6-8 58 30 27.4 31.1 875 2.5 53 4-6 56 31 24.9 26.5 625 0.3 54 2-4 60 36 24.9 26.6 375 0.5 55 4-6 48 27 14.4 21.1 625 3.1 56 4-6 46 25 19.9 21.7 625 0.5 57 2-4 51 26 27.5 30.2 375 0.8 58 6-7 68 40 26.6 30.2 875 3.4 59 2-4 51 31 20.3 21.8 375 o 60 8 -10 55 33 20.5 27.5 1125 2.0 61 2-4 53 31 23.2 27.0 625 1.3 62 6-8 71 41 23.7 30.4 875 4.6 63 2-4 55 30 22.6 24.2 375 0.2 5.0 SITE SUBSURFACE CONDITIONS The conditions encountered at each boring location are depicted on the Boring Logs in the Appendix. Descriptions of each strata with its approximated depth and thickness are provided. The depths reported on each log refer to the depth from the existing ground surface at the time the boring was performed. A generalized description of the variable stratigraphy indicated by the borings is presented in Table 2. -4-DR184656R2 Ground surface in Borings 1 brown tan sandy/silty lean through 6, 13, 14, 15,16,18,21, clay (CL) and fat clay/shaley clay 1 22, 23, 25, 26, 28 & 30 through 63, (CH) with limestone/sandstone Firm to Hard to depths of about % to 20 feet fragments & seams, gravel and (termination) calcareous particles Ground surface to depths about 7 to 14% feet in Borings 7, 8, 9, 11, 12, 17, 19,20 & 24; to termination depths of about 15/20 feet in Borings 10, 27 & 29; and Tan and some gray limestone underlying clays in Borings 1, 2, 3, with clay seams/layers or 13,14,15,16,18,21,22,25,26, 2 fractured limestone 31,32,33,34,37,41,42,44,46, 47,49, 50, 51, 55, 56, 57, 61 & 63 to depths of about 2% to termination depths of 20 feet Next encountered to depths of about 2 to 12 feet in Borings 1, 2, Tan & gray shaley fat clay (CH) 3,4,5,23,29,31,33,35,36,41, & some lean silty clay (CL) some 42,49,52,53,54,57,58,59,60, Stiff to hard 3 with limestone seams and 61 & 62, extending to termination calcareous particles depths of about 20 feet in Borings 4,29,31,33,60 & 61 Next encountered in Borings 1, 2, 3,4,6,7,8,9,11,12,14,15,17, 18,19,20,23,24,30,34,35,36, Gray shale/limestone with some 37,38,39,41,453,44,45,46,47,4 tan limestone 48,49,50,51,52,53,54,55,56, 57,58,59,62 & 63 extending to termination at about 15/20 feet The soils encountered in the borings at this site are considered to be moderately active to highly active with respect to moisture-induced volume changes. The soils encountered in the borings have shrink and swell potential with seasonal moisture changes within the active zone. -5-DR184656R2 6.0 GROUNDWATER The borings were advanced in the dry using a~ger-drilling techniques. This process allows relatively accurate short-term observations of groundwater while drilling. Seepage was observed in Borings 3, 6, 12, 17, 24, 30 and 33 while drilling at depths of about 12%, 8, 7, 8, 9 and 3 feet below existing grades, respectively. Trace seepage was observed in Borings 1, 4,5,18,23,25,28,31,33 and 50 while drilling at depths of about 9,12,1,12,12,9, 14,3, 3 and 7 feet below existing grade, respectively. Water levels of about 15, 8, 18, 18, 7,8 and 17 feet below existing grades were measured in Borings 3,6, 12, 17,24 and 30, respectively, after completion of drilling. Seepage was not observed in Borings 2, 7, 8, 9,10,11,13,14,15,16,19,20,21,22,26,27,29, 32, 34 through 49 and 51 through 63 while drilling and these borings were observed to be dry after completion of drilling. Groundwater levels will seasonally fluctuate due to variations in the amount of precipitation, evaporation and surface water runoff. Seepage can occur above and within the limestone/shale particularly during wet seasonal/annual cycles. Surface seepage may occur where cuts/grades approach the top of limestone/shale. In addition, groundwater conditions may change due to landscape irrigation, tree root demand and from leaking buried utilities. 7.0 ANALYSIS AND RECOMMENDATIONS If differential foundation movements can be tolerated, single-family residences such as these commonly use ground-supported, stiffened slab foundation systems for soil conditions similar to this site. Recommendations for ground supported foundations are provided below. As stated above the grading plans provided by the client indicate up to about -19 feet of cuts and about 12 feet of fills on some of the residential are proposed to improve the site. Cut and fill operations will result in a portion or portions of the majority floor slabs being supported on more than three feet of differential fills (total difference between cuts/fills or fill/fill). Ground supported house foundations with portions of floor slabs being supported on non-fill soils or limestone and other portions being supported on controlled fill soils (or larger depth fills) may result in differential movements (due to natural fill settlements) in excess of the potential vertical movements associated with supporting foundations on clay subgrade soils. If large differential movements (associated with cut and fill operations noted above) cannot be tolerated, the residence should be supported on piers placed independent of the ground supported foundation systems. The magnitude of differential controlled fill settlements can be reduced by either excavating the non-fill soils to reduce the differential to a maximum of three feet, or less. In the cases where some grade beams are supported on limestone and other portions are founded in fills, potential differential settlements will be reduced by extending the grade beams to the top of limestone. -6-DR184656R2 From our understanding of the grading plans, pads with fill differentials of 3 feet or more consists of Block R -Lots 2,3 &4, Block U -Lots 18,19,28,29,30,31,32 & 33, Block V -Lots 15, 16 & 27, Block W -Lots 32 through 39, Block Y -Lots 35, 39 &40, Block Z -Lot 18, Block AA -Lots 4,5, 6, 7, 8 & 9, Block HH -Lots 9 & 11, Block II -Lots 1 & 13, Block KK -Lots 14, 15, 16, 17, 18,19,20,21,22,23,27,28,29,30,31,32,33,34,35 & 36 and Block SS -Lots 2,8,11 & 16. Piers or over-excavations of the pads to reduce differential fill thickness should be considered on these lots. Pads where cutting operations may expose limestone consist of Block 0, Block R -Deeper Cuts, Block W -Lots 1, 2 and 21 through 31, Block X -Lots 1 through 39, Block Y -Lots 1 through 16 and 21 through 32 and most of Block Z. It should be noted that limestone may be encountered during cutting operations at other locations. 7.1 Foundation Recommendations We understand post-tensioned foundations are the preferred system for the residence structures. Some differential foundation movements can be expected, if post-tensioned, ground-supported, stiffened slab foundation systems are constructed at this site. The potential magnitude of the moisture-induced movements is rather indeterminate. It is influenced by the soil properties, overburden pressures, thickness of clay strata and to a great extent by soil moisture levels at the time of construction. The greatest potential for post construction movement occurs when the soils are in dry condition at the time of construction. Site grading can affect the potential movements. For example, the use of clays as fill material will increase the potential movements by increasing the total clay thickness. Cuts can decrease the potential movements by removing a part of the active clays. The Potential Vertical Rise (PVR) estimates for the borings were estimated using the information from the testing program and are based on the Texas Highway Department's Method 124-E and our general knowledge of the area. PVR calculations are one-dimensional representations of the Potential Vertical Movements (PVM) (I.e. -swell is only considered). Shrinkage due to soil desiccation of about Y:z to % of the same magnitude can also occur. PVR calculations are estimates based on assumptions that the area around the structures will be well drained (Properly Graded), landscape beds are not over-watered, and utility leaks are promptly repaired. Long term utility leaks beneath the foundation may exceed those estimated in this report. Based on the soils encountered in the borings, we estimate the potential magnitude of post-construction heave for slabs-on-grade placed near finished grades for soils at dry conditions range from on the order of 1 inch for grade beams bearing in limestone, to on the order of 4 Y:z inches for grade beams founded on onsite soils or compacted fill soils assuming soils placed as fill will be similar to on-site soils and higher PI fills are placed at a moisture-conditioned state. -7-DR184656R2 Lightly loaded ground supported foundation systems placed on site subgrades will be subject to movement as a result of moisture-induced volume changes in the active soils. The more clayey soils expand (heave) with increases in moisture and contract (shrink) with decreases in moisture. The movement typically occurs as post construction heave. It is common to experience some distress to structures with slab-on-grade foundation systems due to ground movements. This can include cracks in brick walls, cracks in ground supported slabs, adjustment to doors and windows that can stick, and interior cracks in sheetrock walls. Cracks in exterior brick walls can be less noticeable with the use of closely spaced vertical joints. Potential vertical rise calculation for design of ground-supported, stiffened slab foundation systems are presented below. 7.1.1 Post-Tensioned Foundation Systems Post-tensioned or conventionally reinforced, ground-supported stiffened slab foundation systems must be designed to resist and/or tolerate potential vertical movements due to volume changes in the site soils without inducing unacceptable distress in the foundation or structural elements. These movements will typically occur as differential movement between the periphery and interior of the slab-on-grade system. Design parameters were developed for differential swell (Ym) using the Post-Tensioning Institute's (PTI) slabs-on-ground (Third Edition) design method and the VOLFLO 1.5 computer program. The PTI design criteria based upon dry condition soils for the highest PVR value for grade beams founded on in-situ soils or properly compacted fills, and for the lowest PVR value of grade beams founded on limestone are provided in Tables 3 and 4. TABLE 3 -prl DESIGN CRITERIA Block R -Lots 2 through 4; Block U -Lots 17 through 33; Block V -Lots 13 through 32; Block W Lots 22 through 39; Block Y -Lots 13 through 20; Block HH -Lots 1 through 20; Block 11-Lots 1 through 13; Block KK -Lots 1 through 36; Block SS -Lots 1 through 20 ~~o-n-'~ln-~~s!"'",it'\""'i.f~:i·'~''''~''·~~ ,oni'acted" ~Gn$"in~~,... ,... t~~·g';>:t' '(R:fl~a~ed~); '!'" .'" Moisture Variation (em) 7.5 ft. 4.0 ft. Differential Swell (Ym) 1.7 in. 2.3 in. Potential Vertical Rise (PVR) About 4 Y2 inches, or less -8-DR184656R2 TABLE 4 -PTI DESIGN CRITERIA Block Q -Lots 9 & 10; Block R -Lots 5 through 11; Block W -Lots 1, 2 and 21 through 31; Block X -Lots 1 through 39; Block Y -Lots 1 12 and 21 through 36; Block Z -Lots 1 through 20 Edge Moisture Variation (em) 7.5 ft. 4.0 ft. Differential Swell (Ym) 0.6 in. 0.9 in. Potential Vertical Rise (PVR) About 1 Y:! inches, or less The grade beams of the slab-on-grade foundation system should exert a maximum bearing pressure of 1,800 PSF on undisturbed or properly compacted fill soils. These beams should extend a minimum of 12 inches below finished grade. A properly engineered and constructed vapor retarder (5 mil minimum) should be provided beneath slab areas, which will be covered, carpeted, or sealed. 7.1.2 Piers Drilled shafts, independent of the stiffened slab foundation system can be considered for support. Straight drilled shafts (Piers) should be situated a minimum of 5 feet into tan or tan/gray limestone or shale. A minimum diameter of 12-inches is recommended for the straight shafts. The drilled shafts may be proportioned using an allowable bearing pressure of 10,000 pounds per square foot (PSF) and an allowable skin friction value of 1,500 PSF for compressive and tensile loads in the bearing stratum. Settlements of properly constructed drilled straight shafts bearing in the limestone or shale for the structures, at the anticipated loads, are considered to be minimal. Drilled and under-reamed shafts should be situated in non-fill soils a minimum of 12 feet below finish grades. The under-reamed shafts may be proportioned using an allowable bearing pressure of 4,000 pounds per square foot (PSF). This value contains a safety factor of three (3). A minimum diameter of 12-inches and a minimum depth of 16 feet below existing grades is recommended for the straight shafts. Deeper penetrations may be required to develop additional skin friction and/or uplift resistance. Under-reamed shafts should have a minimum base to shaft diameter ratio of 2.5 to 1 to resist the uplift loads described below. A minimum shaft diameter of 12 inches is recommended. We recommend under-reamed shafts maintain a minimum edge to edge spacing of one under-ream diameter, based on the larger of the two. -9-DR184656R2 Most of the settlement of properly constructed under-reamed shafts should occur as the foundations are loaded. Foundation settlements are estimated to range from 0.5 to 1 percent of the under-ream diameter for shafts situated in the clays. Differential settlements between equally loaded and sized under-reams are estimated to range "from 1/2 to 3/4 of the total movements for shafts situated in the soils. The shafts will be subject to uplift as a result of heave in the overlying soils. The magnitude of these loads varies with the shaft diameter, soil parameters, and particularly the in-situ moisture levels at the time of construction. They can be approximated at this site by assuming a uniform uplift of 1,600 PSF over the shaft perimeter for a depth of 10 feet or to the top of bedrock. The shafts must contain sufficient continuous vertical reinforcing to resist the net tensile load. Groundwater seepage was observed in some of the borings and may be encountered during installation of the drilled shafts, particularly if construction proceeds during a wet period of the year. Rapid placement of steel and concrete may permit shaft installation to proceed; however, seepage rates or caving soils could be sufficient to require the use of temporary casing for installation of the shafts. Should casing be necessary, it should be seated with all water and most loose material removed prior to beginning the design penetration. Care must then be taken that a sufficient head of plastic concrete is maintained within the casing during extraction. Adjacent shafts should maintain a minimum center-to-center spacing of 2.5 times the diameter of the larger shaft. Closer spacing will require reductions in the skin friction values presented above, and possibly special installation sequences. As a general guide, the design skin friction will vary linearly from the full value at a spacing of 2.5 diameters to 50 percent of the design value at 1.0 diameter. This firm should be contacted to review, on a case-by-case basis, shafts requiring closer spacing. Complete installation of individual shafts should be completed in one day's operation. The drilled shaft design recommendations provided in this report are based on proper construction procedures, including maintaining a dry shaft excavation and proper cleaning of bearing surfaces prior to placing reinforcing steel and concrete. All drilled shaft installations should be inspected by qualified geotechnical personnel to help verify the bearing stratum, the design penetration, and perform related duties. 7.2 Utilities Care should be taken that utility cuts are not left open for extended periods, and that the cuts are properly backfilled. Backfilling should be accomplished with properly compacted on-site soils, rather than granular materials. A positive cut-off at the building line is recommended to help prevent water from migrating in the utility trench backfill. -10-DR184656R2 7.3 Earthwork/Site Grading The on-site soils may be used as fill for grading. Imported fill should preferably have a Liquid Limit of less than 36 percent. The subgrade in areas to be filled and/or under residence structures, slopes and pavements should be stripped of vegetation and any debris present. The clay subgrade with LL's of 50 percent (CH) or more beneath the fills should be scarified to a minimum depth of 6 inches and uniformly compacted to a minimum of 94 percent of ASTM D 698 at a minimum of +4 percent above the soil's optimum moisture determined by that test. The native CH fills should then be spread in loose lifts, less than 9 inches thick and uniformly compacted to the same criteria. The silty clay/clay subgrade with LL's less than 50 percent (CL) beneath the fills should be scarified to a minimum depth of 6 inches and uniformly compacted to a minimum of 95 percent of ASTM D 698 at a minimum of +2 percent above the soil's optimum moisture determined by that test. The native CL fills should then be spread in loose lifts, less than 9 inches thick and uniformly compacted to the same criteria. Processed limestone used as fill should have maximum average diameters of 4 inches or less. Processed limestone used as fill should be blended with soils of rock fines in sufficient amount to fills voids around lager diameter rocks. Processed limestone may be placed using the above CL recommendations. Imported fills with LL's of 36 percent, or less, should be placed at a minimum of 95 percent of ASTM D 698 at or above the soil optimum moisture. If trees are removed within the perimeter of the house pads, the soil should be excavated to a depth beneath the root bulb and replaced to the same criteria presented above. The pad should be proof rolled with heavy pneumatic equipment. Any soft or pumping areas should be excavated to a firm subgrade and properly backfilled. It should then be scarified to a minimum depth of 6 inches and uniformly compacted to the same criteria presented above. If tree bulbs are not removed, the rooted areas may be in a desiccated state and the potential for heave may exist as moisture levels increase over time. 7.4 Site Drainage All grades must be adjusted to provide positive drainage away from the residence structures. Water permitted to pond near or adjacent to the perimeter of residences can result in soil movements, which exceed those discussed in this report. Flatwork will be subject to post-construction movement. Maximum grades practical should be used for f1atwork to prevent areas where water can pond. In addition, allowances in final grades should take into consideration post-construction movement of flatwork, particularly if such movement would be critical. Where paving or flatwork abuts the structures, care should be taken that the joint is properly sealed and maintained to prevent the infiltration of surface water. -11-DR184656R2 Planters located adjacent to the structures should be designed to drain. Sprinkler mains should be located a minimum of three feet away from the building lines. If heads must be located adjacent to the structures, then service lines off the main should be provided. It is important to maintain moist ground conditions during prolonged periods of dry weather. Planted trees and deep-rooted shrubs should be planted no closer to the structures than Y2 their mature height if possible, to reduce the potential for foundation settlement caused by moisture absorption of the root systems. If closer tree plantings are required a root barrier system is recommended. Roof drains should be extended a minimum of 5 feet away from the structures for grades less than 4 percent. 7.5 Pavement Recommendations 7.5.1 Pavement Subgrade Preparation Limestone may be encountered after final grades are achieved. Lime modification is not feasible in competent limestone. A thin layer of soil of lime cuttings is recommended to break the bond between the pavement and limestone in the areas where surface limestone is encountered at finished grade. Based on our experience with the soils encountered above the limestone are not known to have sulfates in sufficient concentration to indicate potential damage to Portland Cement Concrete or sulfate induced heave in a lime modified subgrade. For verification, EWI recommends soluble sulfate testing be performed on the roadway subgrade after completion of utility excavations. Subgrade soil materials at the site will mostly consist of silty clay and clay soils. These soils are subject to some loss in support value with the moisture increases, which occur beneath pavement sections. They react with lime, which serves to improve and maintain their support value. The soil types and depth of seasonal moisture variations (Active Zones) at this site are estimated to vary from 4 to about 10 feet below finished grades. The following recommendations are based upon our experience with the area soils and assuming fills placed are controlled. For budgeting purposes, a minimum of 7 percent hydrated lime (33 Lbs.lSquare Yard or more for 6 inches or 44 Lbs. PSY for 8 inches); by dry weight, may be required for soil subgrade in pavement areas. Lime series testing should be performed after all rough street grades have been established. The lime should be thoroughly mixed and blended with the top 6 inches (or 8 inches) of the subgrade (TxDOT Item 260). Stabilization should extend a minimum of one foot beyond the edge of the pavement. Limestone fragments within the surficial soils may hamper proper mixing of lime and soils. -12-DR184656R2 The soil subgrade should then be uniformly compacted to a minimum of 95 percent of ASTM 0698 at or above the optimum moisture content determined by that test. It should then be protected and maintained in a moist condition until the pavement is placed. Project specifications should allow a curing period between initial and final mixing of the lime/soil mixture. We recommend a minimum of three days for these soils. The availability of this curing period with lime is of considerable advantage in achieving proper pulverization of the soil. This pulverization is necessary to achieve uniform mixing of the soil with the lime. 7.5.2 Pavement Designs Pavement designs using rigid type pavements have been developed. These designs were analyzed using the AASHTO procedures and were developed rigid pavements (residential urban and residential collector) beneath 6" and 8" Lime Modified/Stabilized Pavement Subgrade. The residential design criterion includes a 25-year design life, 0.5% growth and 35,000 Annual Equivalent Single Axle Loads for the residential roads. The following design parameters were used in the pavement analysis: 4,000 PSI Concrete -Urban Residential Roads Concrete Section Thickness 6 inches Initial Serviceability, po 4.5 Terminal Serviceability, PI 2.25 Reliability, R 85% Overall Standard Deviation 0.39 Overall Drainage Coefficient, Cd 1.0 Load Transfer Coefficient 3.0 Modulus of Subgrade Reaction, k (effective) 311 psi! in 28-day Concrete Modulus of Rupture 688 psi 28-day Elastic Modulus of Rupture 4,000,000 psi Design Life 25 years Based on the above parameters, the analysis yielded an 18-kip Equivalent Single Axle Load (ESAL) Annual of over 58,000 for a 6-inch pavement section. The analysis assumed that the concrete pavement is placed on a minimum of 6 inches of lime stabilized subgrade as discussed in the Pavement Subgrade Preparation section. -13-DR184656R2 The collector design criterion includes a 25-year design life, 1.5% growth and 100,000 Annual Equivalent Single Axle Loads for the collector roads. The following design parameters were used in the pavement analysis: 4,000 PSI Concrete -Collector Roads Concrete Section Thickness 7 inches Initial Serviceability, po 4.5 Terminal Serviceability, Pt 2.25 Reliability, R 85% Overall Standard Deviation 0.39 Overall Drainage Coefficient, Cd 1.0 Load Transfer Coefficient 3.0 Modulus of Subgrade Reaction, k (effective) 328 psi! in 28-day Concrete Modulus of Rupture 688 psi 28-day Elastic Modulus of Rupture 4,000,000 psi Design Life 25 years Based on the above parameters, the analysis yielded an 18-kip Equivalent Single Axle Load (ESAL) Annual of over 128,000 for a 7-inch pavement section. The analysis assumed that the concrete pavement is placed on a minimum of 8 inches of lime stabilized subgrade as discussed in the Pavement Subgrade Preparation section. The arterial design criterion includes a 30-year design life, 2.5% growth and 180,000 (Directional) Annual Equivalent Single Axle Loads for arterial roads. The following design parameters were used in the pavement analysis: 4,000 PSI Concrete -Arterial Roads (Assumed Academy Blvd. Sta. 0+00 to Sta. 12+36.68) Concrete Section Thickness 8 inches Initial Serviceability, po 4.5 Terminal Serviceability, Pt 2.5 Reliability, R 90% Overall Standard Deviation 0.39 Overall Drainage Coefficient, Cd 1.0 Load Transfer Coefficient 3.0 Modulus of Subgrade Reaction, k (effective) 328 psi! in 28-day Concrete Modulus of Rupture 688 psi 28-day Elastic Modulus of Rupture 4,000,000 psi Design Life 30 years Based on the above parameters, the analysis yielded an 18-kip Equivalent Single Axle Load (ESAL) Annual of over 388,000 (directional) for an 8-inch pavement section. The analysis assumed that the concrete pavement is placed on a minimum of 8 inches of lime stabilized subgrade as discussed in the Pavement Subgrade Preparation section. -14-DR184656R2 The concrete sections should have a minimum 28-day compressive strength of 4,000 psi. A minimum of 6 ± 1.5 percent entrained air is recommended. The pavements should be properly jointed and reinforced with a minimum of NO.3 bars on 18-inch centers in both directions. Concrete quality will be important in order to produce the desired flexural strength and long-term durability. A mix design should be submitted by the contractor and correlations between flexural strengths and compressive strengths verified if concrete strengths will be controlled by compressive strengths. Due to construction over swelling clays, reinforced pavement is recommended and should be placed as described in Section 4 of the Pavement Design Manual. Portland cement concrete pavement types for the roadway can be either continuously reinforced concrete pavement (CRCP) or jointed reinforced concrete pavement (JRCP). Either type of reinforced pavement should perform similarly in this area. Proper joint placement and design is critical to pavement performance. Load transfer at all longitudinal joints and maintenance of water-tight joints should be accomplished by the use of tie bars. Contraction joints as described in Section 4 of the Pavement Design Manual should be sawed as soon as practical and preferably within 5 to 12 hours after placing concrete. Joints should also be properly cleaned and sealed as soon as possible to avoid infiltration of water, small gravel, etc. Regular maintenance should be anticipated during the service life of the pavement. Cracks or failures that will develop should be properly sealed or repaired. 7.5.3 Pavement Movements The soils encountered in the borings are generally moderately active to highly active and subject to volume changes with fluctuations in their moisture content. The clays expand (heave) with increases in moisture and contract (shrink) with decreases in moisture. The movement at the center of the pavement typically occurs as post construction heave. At the edge of the pavement, both shrinkage and swell could occur due to seasonal moisture fluctuations in response to rainfall and evapotranspiration. The potential magnitude of the moisture-induced movements is rather indeterminate. It is influenced by the soil properties, surface drainage, and overburden pressures and to a great extent by soil moisture levels at the time of construction. The greatest potential for post construction movement occurs when the soils are in dry condition at the time of construction. Based on TxDOT Test Method 124-E, potential active soil movements, to the boring depths evaluated, near the alignments are estimated to range up to on the order of 1~ inches to 4~ inches for soil profile. Flat grades should be avoided with positive drainage provided away from the pavement edges. A minimum grade of 0.5% and preferably 1 % is recommended for all pavements. -15-DR184656R2 7.6 Global Slope Stability The modeled slope cross section B-B was estimated from the preliminary detention pond grading plans, our knowledge of the site and area soils, estimated elevations and geotechnical soils testing data. The analysis was performed using the G-SLOPE program. The general slope cross section used for modeling is located in the area most likely to fail in the slope without the service ramps. Analysis The B-B cross section was analyzed using conservative soil values at moisture levels considered to be at semi-saturated to saturated states and limestone in a semi fractured state. The material types and residual shear parameters and angle of internal friction (AIF) at the conditions associated with the global slope stability analyzed is provided below: 1) Clay, cohesion = 1000 psf, AIF = 4 deg, WN=125 pcf 2} Tan limestone, cohesion 3,500 psf, AIF = 25, WN= 145 pcf The above computer analysis yielded a minimum safety factory of about 4 which is presented in Figure 1, Appendix B. The slope which is considered to have good long-term global slope stability. Generally, slope stability safety factor of about 2, and above, are considered adequate for long term stability. It should be noted that the most likely failure planes will be more local in nature near the soil/limestone interface. All global stability analysis assumes that local bearing capacity failures and large settlements does not occur. Local stability issues should be addressed by the retention pond designers. 8.0 LIMITATIONS The professional services performed for the preparation of this geotechnical report were accomplished in accordance with current and locally accepted geotechnical engineering principles and practices. The recommendations presented in this report are based upon the data obtained from the borings at the indicated locations and/or from other information discussed in this report. The subsurface conditions occurring between borings and across the site, or due to seasonal/annual climatic cycles may vary from those encountered in the borings. The nature of these variations may not become evident until during or after construction. Should subsurface conditions varying significantly from those described herein, EWI should be immediately notified to evaluate the effects on these recommendations and so supplemental recommendations can be provided. EWl's services should also be retained for the final review of design plans/specifications so comments can be made regarding interpretation of the geotechnical recommendations provided in this report, or to provide additional borings if soil variation is encountered during foundation placement. -16-DR184656R2 The recommendations provided in this report were prepared for the exclusive use of our client. No warranties, expressed or implied, are intended or made. The information and recommendations provided in this report are applicable only for the design of the types of structure(s) described in the Site and Project Information section of this report and should not be used for any other structures, locations or for any other purposes. We should not be held responsible for the conclusions, opinions or recommendations made by others based upon the information submitted in this report. If changes to the design and/or location of this project as outlined in this report are planned, the recommendations provided in this report shall not be considered valid unless EWI reviews these changes and either verifies or amends this report in writing. Construction issues such as site safety support of excavations and dewatering procedures are the responsibility of others. The scope of services for this report does not include any environmental or biological assessments either specifically or implied. If the owner is concerned about the potential mold, fungi, bacteria, identification of contaminants or hazardous materials and conditions, etc., additional studies should be undertaken. EWl's capabilities include a full range of construction material testing and observation services. EWI should be retained to provide testing and observation during excavation, grading, foundation and construction phases of this project. We will retain the samples recovered from the borings on this project for a period of 3D days subsequent to the submittal date printed on this report. After the 3D-day period, the samples will be discarded unless otherwise notified by the owner in writing. -17-DR184656R2 CITY OF FORT WORTH CHAPEL CREEK PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101873 Revised July 1, 2011 GC-6.09 Permits & Utilities THIS PAGE LEFT INTENTIONALLY BLANK Approval Spec No.Classsification Manufacturer Model No.National Spec Size Storm Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 11/28/18) 9/28/2018 33 05 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD)MHRC #220605 ASTM A48 AASHTO M306 **24" Dia 9/28/2018 33 05 13 Manhole Cover Neenah Foundry NF-1274-T91 ASTM A48 AASHTO M306 32" Dia 9/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry NF-1743-LM (Hinged)ASTM A48 AASHTO M306 32" Dia 9/28/2018 33 05 13 Manhole Frame Neenah Foundry NF-1930-30 ASTM A48 AASHTO M306 32.25" Dia 9/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-HV ASTM A48 AASHTO M306 32" Dia 4/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++2279ST ASTM A48 AASHTO M306 **24" Dia 4/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++2280ST ASTM A48 AASHTO M306 32" Dia ++ Portions of this product is not made within the United States CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST **Note: All new development and new installation mahnole lids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 05 13. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. Updated: 04/03/2019 * From Original Standard Products List Click to Return to the Table of Content 1 CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: April 12, 2019 The Fort Worth Water Department’s Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department’s Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department’s Standard Specifications and the Fort Worth Water Department’s Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department’s Standard Specifications or is on the Fort Worth Water Department’s Standard Products List. Table of Content (Click on items to go directly to the page) Items Page A.Water & Sewer 1. Manholes & Bases/Components ........................................................... 1 2.Manholes & Bases/Fiberglass ............................................................... 2 3.Manholes & Bases/Frames & Covers/Rectangular ............................... 3 4.Manholes & Bases/Frames & Covers/Round ....................................... 4 5.Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6.Manholes & Bases/Precast Concrete .................................................... 6 7.Manholes & Bases/Rehab Systems/Cementitious ................................ 7 8.Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9.Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer ............................................................................... 10 11. Pipes/Ductile Iron ................................................................................. 11 12. Utility Line Marker ............................................................................... 12 B.Sewer 13. Coatings/Epoxy ..................................................................................... 13 14. Coatings/Polyurethane .......................................................................... 14 15. Combination Air Valves ....................................................................... 15 16. Pipes/Concrete ...................................................................................... 16 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18 19. Pipes/HDPE .......................................................................................... 19 20. Pipes/PVC (Pressure Sewer) ................................................................. 20 21. Pipes/PVC* ........................................................................................... 21 22. Pipes/Rehab/CIPP ................................................................................. 22 23. Pipes/Rehab/Fold & Form .................................................................... 23 24. Pipes/Open Profile Large Diameter ...................................................... 24 C.Water 25. Appurtenances ....................................................................................... 25 26. Bolts, Nuts, and Gaskets ....................................................................... 26 27. Combination Air Release Valve ........................................................... 27 28. Dry Barrel Fire Hydrants ...................................................................... 28 29. Meters ................................................................................................... 29 30. Pipes/PVC (Pressure Water) ................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement ..................................................................... 34 35. Sampling Stations ................................................................................. 35 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeWater & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16)07/23/97 33 05 13 Urethane Hydrophilic WaterstopAsahi Kogyo K.K.Adeka Ultra-Seal P-201ASTM D2240/D412/D79204/26/00 33 05 13 Offset Joint for 4' Diam. MHHanson Concrete ProductsDrawing No. 35-0048-00104/26/00 33 05 13 Profile Gasket for 4' Diam. MH.Press-Seal Gasket Corp.250-4G GasketASTM C-443/C-361SS MH1/26/99 33 05 13 HDPE Manhole Adjustment RingsLadtech, IncHDPE Adjustment RingNon-traffic area5/13/05 33 05 13 Manhole External WrapCanusa - CPSWrapidSeal Manhole Encapsulation SystemCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.* From Original Standard Products ListClick to Return to the Table of Content1 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13)1/26/99 33 39 13 Fiberglass ManholeFluid Containment, Inc.FlowtiteASTM 3753Non-traffic area08/30/06 33 39 13 Fiberglass ManholeL.F. ManufacturingNon-traffic area* From Original Standard Products ListClick to Return to the Table of Content2 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversWestern Iron Works, Bass & Hays Foundry100124"x40" WD* From Original Standard Products ListClick to Return to the Table of Content3 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversWestern Iron Works, Bass & Hays Foundry3002424" Dia.*33 05 13 Manhole Frames and CoversMcKinley Iron Works Inc.A 24 AM24" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1272ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR- 165-LM (Hinged)ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryNF 1274ASTM A48 & AASHTO M30630" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1743-LM (Hinged)ASTM A48 & AASHTO M30630" dia.33 05 13 Manhole Frames and CoversSigma CorporationMH-144N33 05 13 Manhole Frames and CoversSigma CorporationMH-143N33 05 13 Manhole Frames and CoversPont-A-MoussonGTS-STD24" dia.33 05 13 Manhole Frames and CoversNeenah Casting24" dia.10/31/06 33 05 13 Manhole Frames and Covers (Hinged)PowersealHinged Ductile Iron Manhole ASTM A53624" Dia.7/25/03 33 05 13 Manhole Frames and CoversSaint-Gobain Pipelines (Pamrex/rexus)RE32-R8FS30" Dia.01/31/06 33 05 13 30" DI MH Ring and CoverEast Jordan Iron WorksV1432-2 and V1483 DesignsAASHTO M306-0430" Dia.11/02/10 33 05 13 30" DI MH Ring and CoverSigma CorporationMH1651FWN & MH1650230" Dia07/19/11 33 05 13 30" DI MH Ring and CoverStar Pipe ProductsMH32FTWSS-DC 30" Dia08/10/11 33 05 13 30" DI MH Ring and CoverAccucast220700 Heavy Duty with Gasket Ring30" Dia10/14/13 33 05 13 30" DI MH Ring and Cover (Hinged & Lockable)East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A53630" Dia06/01/17 34 05 13 30" DI MH Ring and Cover (Hinged & Lockable) CISIP Industries2280 (32")ASTM A 4830" Dia.08/24/17 33 05 13.01 30" DI MH Ring and Cover (Hinge & Lock) CompositeSewperCoverSCDH 3000, Std. Dbl Hinge Non-Metalic Ring and Cover w/Lock HD/FRP Composite30" Dia.* From Original Standard Products ListClick to Return to the Table of Content4 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversPont-A-MoussonPamtight24" Dia.*33 05 13 Manhole Frames and CoversNeenah Casting24" Dia.*33 05 13 Manhole Frames and CoversWestern Iron Works,Bass & Hays Foundry300-24P24" Dia.*33 05 13 Manhole Frames and CoversMcKinley Iron Works Inc.WPA24AM24" Dia.03/08/00 33 05 13 Manhole Frames and CoversAccucastRC-2100ASTM A 4824" Dia.04/20/01 33 05 13 Manhole Frames and Covers(SIP)Serampore Industries Private Ltd.300-24-23.75 Ring and CoverASTM A 4824" Dia.* From Original Standard Products ListClick to Return to the Table of Content5 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13)*33 39 10 Manhole, Precast ConcreteHydro Conduit CorpSPL Item #49ASTM C 47848"*33 39 10 Manhole, Precast ConcreteWall Concrete Pipe Co. Inc.ASTM C-44348"*33 39 10 Manhole, Precast ConcreteForterra(formerly Gifford-Hill, Hanson )ASTM C 47848"04/26/00 33 39 10 MH, Single Offset Seal JointForterra(formerly Gifford-Hill, Hanson )Type F Dwg 35-0048-001ASTM C 47848" Diam MH09/23/96 33 39 10 Manhole, Precast ConcreteConcrete Product Inc.48" I.D. Manhole w/ 32" ConeASTM C 47848" w/32" cone05/08/18 33 39 10 Manhole, Precast ConcreteThe Turner Company48", 60" I.D. Manhole w/ 32" ConeASTM C 47848", 60"10/27/06 33 39 10 Manhole, Precast ConcreteOldcastle Precast Inc.48" I.D. Manhole w/ 24" ConeASTM C 47848" Diam w 24" Ring06/09/10 33 39 10 Manhole, Precast (Reinforce Polymer)ConcreteUS Composite PipeReinforced Polymer Concrete ASTM C-7648" to 72"* From Original Standard Products ListClick to Return to the Table of Content6 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious*E1-14 Manhole Rehab SystemsQuadex04/23/01E1-14 Manhole Rehab SystemsStandard Cement Materials, Inc.Reliner MSPE1-14 Manhole Rehab SystemsAP/M Permaform4/20/01E1-14 Manhole Rehab SystemStrong CompanyStrong Seal MS2A Rehab System5/12/03E1-14 Manhole Rehab System (Liner)Poly-triplex TechnologiesMH repair product to stop infiltrationASTM D581308/30/06General Concrete RepairFlexKrete TechnologiesVinyl Polyester Repair ProductMisc. Use* From Original Standard Products ListClick to Return to the Table of Content7 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious05/20/96E1-14 Manhole Rehab SystemsSprayroq, Spray Wall Polyurethane CoatingASTM D639/D790*E1-14 Manhole Rehab SystemsSun Coast12/14/01Coating for Corrosion protection(Exterior)ERTECHSeries 20230 and 2100 (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only01/31/06Coatings for Corrosion ProtectionChestertonArc 791, S1HB, S1, S2Acid Resistance TestSewer Applications8/28/2006Coatings for Corrosion ProtectionWarren EnvironmentalS-301 and M-301Sewer Applications08/30/06Coatings for Corrosion ProtectionCitadelSLS-30 Solids EpoxySewer Applications03/19/1833 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior)Sherwin WilliamsRR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only* From Original Standard Products ListClick to Return to the Table of Content8 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16)*33 05 13 Manhole InsertKnutson EnterprisesMade to Order - PlasticASTM D 1248For 24" dia.*33 05 13 Manhole InsertSouth Western PackagingMade to Order - PlasticASTM D 1248For 24" dia.*33 05 13 Manhole InsertNoflow-InflowMade to Order - PlasticASTM D 1248For 24" dia.09/23/96 33 05 13 Manhole InsertSouthwestern Packing & Seals, Inc.LifeSaver - Stainless SteelFor 24" dia.09/23/96 33 05 13 Manhole InsertSouthwestern Packing & Seals, Inc.TetherLok - Stainless SteelFor 24" dia* From Original Standard Products ListClick to Return to the Table of Content9 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13)11/04/02Steel Band Casing SpacersAdvanced Products and Systems, Inc.Carbon Steel Spacers, Model SI02/02/93Stainless Steel Casing SpacerAdvanced Products and Systems, Inc.Stainless Steel Spacer, Model SSI04/22/87Casing SpacersCascade Waterworks ManufacturingCasing Spacers09/14/10Stainless Steel Casing SpacerPipeline Seal and InsulatorStainless Steel Casing SpacerUp to 48"09/14/10Coated Steel Casin SpacersPipeline Seal and InsulatorCoated Steel Casin SpacersUp to 48" 05/10/11Stainless Steel Casing SpacerPowerseal4810 PowerchockUp to 48"03/19/18Casing SpacersBWMSS-12 Casing Spacer(Stainless Steel)03/19/18Casing SpacersBWMFB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing* From Original Standard Products ListClick to Return to the Table of Content10 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13)*33 11 10 Ductile Iron PipeGriffin Pipe Products, Co.Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C1513" thru 24"08/24/18 33 11 10 Ductile Iron PipeAmerican Ductile Iron Pipe Co.American Fastite Pipe (Bell Spigot)AWWA C150, C1514" thru 30"08/24/18 33 11 10 Ductile Iron PipeAmerican Ductile Iron Pipe Co.American Flex Ring (Restrained Joint)AWWA C150, C1514" thru 30"*33 11 10 Ductile Iron PipeU.S. Pipe and Foundry Co.AWWA C150, C151*33 11 10 Ductile Iron PipeMcWane Cast Iron Pipe Co.AWWA C150, C151* From Original Standard Products ListClick to Return to the Table of Content11 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Utility Line Marker (08/24/2018)* From Original Standard Products ListClick to Return to the Table of Content12 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Coatings/Epoxy 33-39-60 (01/08/13)02/25/02Epoxy Lining SystemSauereisen, IncSewerGard 210RSLA County #210-1.3312/14/01Epoxy Lining SystemErtech Technical CoatingsErtech 2030 and 2100 Series04/14/05Interior Ductile Iron Pipe CoatingInduronProtecto 401ASTM B-117Ductile Iron Pipe Only01/31/06Coatings for Corrosion ProtectionChestertonArc 791, S1HB, S1, S2Acid Resistance TestSewer Applications8/28/2006Coatings for Corrosion ProtectionWarren EnvironmentalS-301 and M-301Sewer Applications* From Original Standard Products ListClick to Return to the Table of Content13 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Coatings/Polyurethane* From Original Standard Products ListClick to Return to the Table of Content14 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release ValveA.R.I. USA, Inc.D025LTP02(Composite Body)2"* From Original Standard Products ListClick to Return to the Table of Content15 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/Concrete*E1-04 Conc. Pipe, ReinforcedWall Concrete Pipe Co. Inc.ASTM C 76*E1-04 Conc. Pipe, ReinforcedHydro Conduit CorporationClass III T&G, SPL Item #77ASTM C 76*E1-04 Conc. Pipe, ReinforcedHanson Concrete ProductsSPL Item #95-Manhole, #98- PipeASTM C 76*E1-04 Conc. Pipe, ReinforcedConcrete Pipe & Products Co. Inc.ASTM C 76* From Original Standard Products ListClick to Return to the Table of Content16 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13)PIM SystemPIM CorporationPolyethylenePIM Corp., Piscata Way, N.J. Approved PreviouslyMcConnell SystemsMcLat ConstructionPolyethyleneHouston, TexasApproved PreviouslyTRS SystemsTrenchless Replacement SystemPolyethyleneCalgary, CanadaApproved Previously* From Original Standard Products ListClick to Return to the Table of Content17 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipe/Fiberglass Reinforced Pipe 33-31-13(1/8/13)7/21/97 33 31 13 Cent. Cast FiberglassHobas Pipe USA, Inc.Hobas Pipe (Non-Pressure)ASTM D3262/D375403/22/10 33 31 13 Fiberglass PipeAmeronBondstrand RPMP PipeASTM D3262/D375410/30/03Glass-Fiber Reinforced Polymer PipeThompson Pipe GroupFlowtiteASTM D3262/D37544/14/05Polymer Modified Concrete PipeAmitech USAMeyer Polycrete PipeASTM C33, A276, F4778" to 102", Class V06/09/10E1-9 Reinforced Polymer Concrete PipeUS Composite PipeReinforced Polymer Concrete PipeASTM C-76* From Original Standard Products ListClick to Return to the Table of Content18 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/HDPE 33-31-23(1/8/13)*High-density polyethylene pipePhillips Driscopipe, Inc.Opticore Ductile Polyethylene PipeASTM D 12488"*High-density polyethylene pipePlexco Inc.ASTM D 12488"*High-density polyethylene pipePolly Pipe, Inc.ASTM D 12488"High-density polyethylene pipeCSR Hydro Conduit/Pipeline SystemsMcConnell Pipe EnlargementASTM D 1248* From Original Standard Products ListClick to Return to the Table of Content19 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13)12/02/11 33-11-12 DR-14 PVC Pressure PipePipelife JetstreamPVC Pressure PipeAWWA C9004" thru 12"10/22/14 33-11-12 DR-14 PVC Pressure PipeRoyal Building ProductsRoyal Seal PVC Pressure PipeAWWA C9004" thru 12"* From Original Standard Products ListClick to Return to the Table of Content20 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/PVC* 33-31-20 (7/1/13)*33-31-20 PVC Sewer PipeCertain-Teed Products CorpASTM D 30344" thru 15"*33-31-20 PVC Sewer PipeNapco Manufacturing CorpASTM D 3034, D 17844" & 8"*33-31-20 PVC Sewer PipeJ-M Manufacturing Co., Inc. (JM Eagle)ASTM D 30344" - 15"12/23/97* 33-31-20 PVC Sewer PipeDiamond Plastics CorporationSDR-26 and SDR-35 ASTM F 789, ASTM D 30344" thru 15"*33-31-20 PVC Sewer PipeLamson Vylon PipeASTM F 7894" thru 15"33-31-20 PVC Sewer PipeRoyal Building ProductsRoyal Seal Solid Wall Pipe SDR 26 & 35ASTM 30344" thru 15"01/18/18 33-31-20 PVC Sewer PipeVinyltech PVC PipeGravity SewerASTM D30344" thru 15"11/11/98 33-31-20 PVC Sewer PipeDiamond Plastics Corporation "S" Gravity Sewer PipeASTM F 67918" to 27"*33-31-20 PVC Sewer PipeJ-M Manufacturing Co, Inc. (JM Eagle)ASTM F 67918" - 27"09/11/12 33-31-20 PVC Sewer PipePipelife Jet StreamSDR-26 and SDr-35ASTM F-67918"05/06/0533-31-20PVC Solid Wall PipeDiamond Plastics CorporationPS 46 ASTM F-67918" to 48"04/27/0633-31-20PVC Sewer Fittings HarcoSDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc4" - 15"*33-31-20PVC Sewer FittingsPlastic Trends, In.cGasketed PVC Sewer Main FittingsASTM D 303411/17/99E100-2Closed Profile PVC PipeDiamond Plastics CorporationASTM 1803/F79418" to 48"3/19/2018 33 31 20 PVC Sewer PipePipelife Jet StreamSDR 35ASTM F67918"- 24"3/19/2018 33 31 20 PVC Sewer PipePipelife Jet StreamSDR 26ASTM D30344"- 15"3/29/2019 33 31 20Gasketed Fittings (PVC)GPK Products, Inc.SDR 26ASTM D3034/F-6794"- 15"* From Original Standard Products ListClick to Return to the Table of Content21 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/Rehab/CIPP 33-31-12 (01/18/13)*Cured in Place PipeInsituform Texark, IncASTM F 121605/03/99Cured in Place PipeNational Envirotech GroupNational Liner, (SPL) Item #27ASTM F-1216/D-581305/29/96Cured in Place PipeReynolds Inc/Inliner Technolgy (Inliner USA)Inliner TechnologyASTM F 1216* From Original Standard Products ListClick to Return to the Table of Content22 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/Rehab/Fold & Form*Fold and Form PipeCullum Pipe Systems, Inc.11/03/98Fold and Form PipeInsituform Technologies, Inc.Insituform "NuPIpe"ASTM F-1504Fold and Form PipeAmerican Pipe & Plastics, Inc.Demo. Purpose Only12/04/00Fold and Form PipeUltralinerUltraliner PVC Alloy PipelinerASTM F-1504, 1871, 186706/09/03Fold and Form PipeMiller Pipeline Corp.EX MethodASTM F-1504, F-1947Up to 18" diameter* From Original Standard Products ListClick to Return to the Table of Content23 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/Open Profile Large Diameter09/26/91 E100-2 PVC Sewer Pipe, RibbedLamson Vylon PipeCarlon Vylon H.C. Closed Profile Pipe,ASTM F 67918" to 48"09/26/91 E100-2 PVC Sewer Pipe, RibbedExtrusion Technologies, Inc.Ultra-Rib Open Profile Sewer PipeASTM F 67918" to 48"E100-2 PVC Sewer Pipe, RibbedUponor ETI Company11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double WallAdvanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated)ASTM F 273624"-30"11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple WallAdvanced Drainage Systems (ADS)SaniTite HP Triple Wall PipeASTM F 276430" to 60"05/16/11Steel Reinforced Polyethylene PipeConTech Construction ProductsDurmaxxASTM F 256224" to 72"* From Original Standard Products ListClick to Return to the Table of Content24 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Appurtenances 33-12-10 (07/01/13)01/18/18 33-12-10 Double Strap SaddleRomac202NS Nylon CoatedAWWA C8001"-2" SVC, up to 24" Pipe08/28/02Double Strap SaddleSmith Blair #317 Nylon Coated Double Strap Saddle07/23/12 33-12-10 Double Strap Service SaddleMueller CompanyDR2S Double (SS) Strap DI SaddleAWWA C8001"-2" SVC, up to 24" Pipe10/27/87Curb Stops-Ball Meter ValvesMcDonald6100M,6100MT & 610MT 3/4" and 1"10/27/87Curb Stops-Ball Meter ValvesMcDonald4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesFord Meter Box Co., Inc.FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NLAWWA C8002"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesFord Meter Box Co., Inc.FB600-6-NL, FB1600-6-NL, FV23-666-W-NL, L22-66NLAWWA C8001-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesFord Meter Box Co., Inc.FB600-4-NL, FB1600-4-NL, B11-444-WR-NL, B22444-WR-NL, L28-44NLAWWA C8001"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesMueller Co., Ltd.B-25000N, B-24277N-3, B-20200N-3, H-15000N, , H-1552N, H142276NAWWA C800, ANSF 61, ANSI/NSF 3722"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesMueller Co., Ltd.B-25000N, B-20200N-3, B-24277N-3,H-15000N, H-14276N, H-15525NAWWA C800, ANSF 61, ANSI/NSF 3721-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesMueller Co., Ltd.B-25000N, B-20200N-3,H-15000N, H-15530NAWWA C800, ANSF 61, ANSI/NSF 3721"01/26/00Coated Tapping Saddle with Double SS StrapsJCM Industries, Inc.#406 Double Band SS Saddle1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel)JCM Industries, Inc.412 Tapping Sleeve ESSAWWA C-223Up to 30" w/12" Out05/10/11Tapping Sleeve (Stainless Steel)Powerseal3490AS (Flange) & 3490MJ4"-8" and 16"02/29/12 33-12-25 Tapping Sleeve (Coated Steel)RomacFTS 240AWWA C-223U p to 42" w/24" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel)RomacSST Stainless SteelAWWA C-223Up to 24" w/12" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel)RomacSST III Stainless SteelAWWA C-223Up to 30" w/12" Out05/10/11Joint Repair ClampPowerseal3232 Bell Joint Repair Clamp4" to 30"Plastic Meter Box w/Composite LidDFW Plastics Inc.DFW37C-12-1EPAF FTWPlastic Meter Box w/Composite LidDFW Plastics Inc.DFW39C-12-1EPAF FTW08/30/06Plastic Meter Box w/Composite LidDFW Plastics Inc.DFW65C-14-1EPAF FTWClass "A"Concrete Meter BoxBass & HaysCMB37-B12 1118 LID-9Concrete Meter BoxBass & HaysCMB-18-Dual 1416 LID-9Concrete Meter BoxBass & HaysCMB65-B65 1527 LID-9* From Original Standard Products ListClick to Return to the Table of Content25 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13)* From Original Standard Products ListClick to Return to the Table of Content26 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Combination Air Release 33-31-70 (01/08/13)*E1-11 Combination Air Release ValveGA Industries, Inc.Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 240 - float, ASTM A 307 - Cover Bolts1" & 2"*E1-11 Combination Air Release ValveMultiplex Manufacturing Co.Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2"*E1-11 Combination Air Release ValveValve and Primer Corp.APCO #143C, #145C and #147C1", 2" & 3"* From Original Standard Products ListClick to Return to the Table of Content27 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14)10/01/87 E-1-12 Dry Barrel Fire HydrantAmerican-Darling ValveDrawing Nos. 90-18608, 94-18560AWWA C-50203/31/88 E-1-12 Dry Barrel Fire HydrantAmerican Darling ValveShop Drawing No. 94-18791 AWWA C-50209/30/87 E-1-12 Dry Barrel Fire HydrantClow CorporationShop Drawing No. D-19895AWWA C-50201/12/93 E-1-12 Dry Barrel Fire HydrantAmerican AVK CompanyModel 2700AWWA C-50208/24/88 E-1-12 Dry Barrel Fire HydrantClow CorporationDrawings D20435, D20436, B20506AWWA C-502E-1-12 Dry Barrel Fire HydrantITT Kennedy ValveShop Drawing No. D-80783FWAWWA C-50209/24/87 E-1-12 Dry Barrel Fire HydrantM&H Valve CompanyShop Drawing No. 13476AWWA C-50210/14/87 E-1-12 Dry Barrel Fire HydrantMueller CompanyShop Drawings No. 6461 A-423 CenturionAWWA C-50201/15/88E1-12 Dry Barrel Fire HydrantMueller CompanyShop Drawing FH-12A-423 Super Centurion 200AWWA C-50210/09/87 E-1-12 Dry Barrel Fire HydrantU.S. Pipe & FoundryShop Drawing No. 960250AWWA C-50209/16/87 E-1-12 Dry Barrel Fire HydrantWaterous CompanyShop Drawing No. SK740803AWWA C-50208/12/16 33-12-40 Dry Barrel Fire HydrantEJ (East Jordan Iron Works)WaterMaster 5CD250* From Original Standard Products ListClick to Return to the Table of Content28 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Meters02/05/93 E101-5 Detector Check MeterAmes CompanyModel 1000 Detector Check ValveAWWA C5504" - 10"08/05/04Magnetic Drive Vertical TurbineHerseyMagnetic Drive VerticalAWWA C701, Class 13/4" - 6"* From Original Standard Products ListClick to Return to the Table of Content29 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13)01/18/18 33-11-12 PVC Pressure PipeVinyltech PVC PipeAWWA C900, AWWA C605, ASTM D17844"-12"3/19/2018 33 11 12 PVC Pressure PipePipelife Jet StreamDR14AWWA C9004"-12"3/19/2018 33 11 12 PVC Pressure PipePipelife Jet StreamDR18AWWA C90016"-24"5/25/2018 33 11 12 PVC Pressure PipeDiamond Plastics CorporationDR 14AWWA C9004"-12"5/25/2018 33 11 12 PVC Pressure PipeDiamond Plastics CorporationTrans 21, DR 14, DR 18AWWA C90016"-24"12/6/2018 33 11 12 PVC Pressure PipeJ-M Manifacturing Co., Inc d/b/a JM EagleDR 14"Blue Brute"AWWA C900-16UL 1285ANSI/NSF 61FM 16124"-12"12/6/2018 33 11 12 PVC Pressure PipeJ-M Manifacturing Co., Inc d/b/a JM EagleDR 18"Blue Brute"AWWA C900-16UL 1285ANSI/NSF 61FM 161216"-24"* From Original Standard Products ListClick to Return to the Table of Content30 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13)07/23/92E1-07 Ductile Iron FittingsStar Pipe Products, Inc.Mechanical Joint FittingsAWWA C153 & C110*E1-07 Ductile Iron FittingsGriffin Pipe Products, Co.Mechanical Joint FittingsAWWA C 110*E1-07 Ductile Iron FittingsMcWane/Tyler Pipe/ Union Utilities DivisionMechanical Joint Fittings, SSB Class 350AWWA C 153, C 110, C 11108/11/98E1-07 Ductile Iron FittingsSigma, Co.Mechanical Joint Fittings, SSB Class 351AWWA C 153, C 110, C 11202/26/14E1-07 MJ FittingsAccucastClass 350 C-153 MJ FittingsAWWA C1534"-12"05/14/98E1-07 Ductile Iron Joint RestraintsFord Meter Box Co./Uni-FlangeUni-Flange Series 1400 AWWA C111/C1534" to 36"05/14/98E1-24 PVC Joint RestraintsFord Meter Box Co./Uni-FlangeUni-Flange Series 1500 Circle-LockAWWA C111/C1534" to 24" 11/09/04E1-07 Ductile Iron Joint RestraintsOne Bolt, Inc.One Bolt Restrained Joint FittingAWWA C111/C116/C1534" to 12"02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint RestraintEBAA Iron, Inc.Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C1534" to 42"02/29/12 33-11-11 PVC Pipe Mechanical Joint RestraintEBAA Iron, Inc.Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C1534" to 24"08/05/04E1-07 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLC4 - SLC10AWWA C111/C1534" to 10"03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLCS4 - SLCS12AWWA C111/C1534" to 12"08/05/04E1-07 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLCEAWWA C111/C15312" to 24"08/10/98E1-07 MJ Fittings(DIP)Sigma, Co.Sigma One-Lok SLDEAWWA C1534" - 24"10/12/10E1-24 Interior Restrained Joint SystemS & B Techncial ProductsBulldog System ( Diamond Lok 21 & JM Eagle ASTM F-16244" to 12"08/16/06E1-07 Mechanical Joint FittingsSIP Industries(Serampore)Mechanical Joint FittingsAWWA C1534" to 24"11/07/16 33-11-11 Mechanical Joint Retainer GlandsStar Pipe Products, Inc.PVC Stargrip Series 4000ASTM A536 AWWA C11111/07/16 33-11-11 Mechanical Joint Retainer GlandsStar Pipe Products, Inc.DIP Stargrip Series 3000ASTM A536 AWWA C11103/19/18 33-11-11 Mechanical Joint Retainer GlandsSIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Black For DIPASTM A536 AWWA C1113"-48"03/19/18 33-11-11 Mechanical Joint Retainer GlandsSIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC PipeASTM A536 AWWA C1114"-12"03/19/18 33-11-11 Mechanical Joint Retainer GlandsSIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC PipeASTM A536 AWWA C11116"-24"* From Original Standard Products ListClick to Return to the Table of Content31 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15)Resilient Wedged Gate Valve w/no GearsAmerican Flow ControlSeries 2500 Drawing # 94-2024716"12/13/02Resilient Wedge Gate ValveAmerican Flow ControlSeries 2530 and Series 2536AWWA C51530" and 36"08/31/99Resilient Wedge Gate ValveAmerican Flow ControlSeries 2520 & 2524 (SD 94-20255)AWWA C51520" and 24"05/18/99Resilient Wedge Gate ValveAmerican Flow ControlSeries 2516 (SD 94-20247)AWWA C51516"10/24/00E1-26 Resilient Wedge Gate ValveAmerican Flow ControlSeries 2500 (Ductile Iron)AWWA C5154" to 12"08/05/04Resilient Wedge Gate ValveAmerican Flow Control42" and 48" AFC 2500AWWA C51542" and 48"05/23/91E1-26 Resilient Wedge Gate ValveAmerican AVK CompanyAmerican AVK Resilient Seaded GVAWWA C5094" to 12"01/24/02E1-26 Resilient Wedge Gate ValveAmerican AVK Company20" and smaller*E1-26 Resilient Seated Gate ValveKennedy4" - 12"*E1-26 Resilient Seated Gate ValveM&H4" - 12"*E1-26 Resilient Seated Gate ValveMueller Co.4" - 12"11/08/99Resilient Wedge Gate Valve Mueller Co.Series A2361 (SD 6647)AWWA C51516"01/23/03Resilient Wedge Gate ValveMueller Co.Series A2360 for 18"-24" (SD 6709)AWWA C51524" and smaller05/13/05Resilient Wedge Gate ValveMueller Co.Mueller 30" & 36", C-515AWWA C51530" and 36"01/31/06Resilient Wedge Gate ValveMueller Co.Mueller 42" & 48", C-515AWWA C51542" and 48"01/28/88E1-26 Resilient Wedge Gate ValveClow Valve Co.AWWA C5094" - 12"10/04/94Resilient Wedge Gate ValveClow Valve Co.16" RS GV (SD D-20995)AWWA C51516"11/08/99E1-26 Resilient Wedge Gate ValveClow Valve Co.Clow RW Valve (SD D-21652)AWWA C51524" and smaller11/29/04Resilient Wedge Gate Valve Clow Valve Co.Clow 30" & 36" C-515AWWA C51530" and 36" (Note 3)11/30/12Resilient Wedge Gate ValveClow Valve Co.Clow Valve Model 2638AWWA C51524" to 48" (Note 3)05/08/91E1-26 Resilient Seated Gate ValveStockham Valves & FittingsAWWA C 509, ANSI 420 - stem, ASTM A 276 Type 304 - Bolts & nuts4" - 12"*E1-26 Resilient Seated Gate ValveU.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #743" to 16"10/26/16 33-12-20 Resilient Seated Gate ValveEJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes08/24/18Matco Gate Valve Matco-Norca225 MRAWWA/ANSI C115/An21.154" to 16"* From Original Standard Products ListClick to Return to the Table of Content32 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14)*E1-30 Rubber Seated Butterfly ValveHenry Pratt Co.AWWA C-50424"*E1-30 Rubber Seated Butterfly ValveMueller Co.AWWA C-50424"and smaller1/11/99E1-30 Rubber Seated Butterfly ValveDezurik Valves Co.AWWA C-50424" and larger06/12/03E1-30 Valmatic American Butterfly ValveValmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve.AWWA C-504Up to 84" diameter04/06/07E1-30 Rubber Seated Butterfly ValveM&H ValveM&H Style 4500 & 1450 AWWA C-50424" to 48"03/19/18 33 12 21 Rubber Seated Butterfly ValveG. A. Industries (Golden Anderson)AWWA C504 Butterfly ValveAWWA C-50430"-54"* From Original Standard Products ListClick to Return to the Table of Content33 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Polyethylene Encasement 33-11-10 (01/08/13)05/12/05E1-13 Polyethylene EncasmentFlexsol PackagingFulton Enterprises AWWA C1058 mil LLD05/12/05E1-13 Polyethylene EncasmentMountain States Plastics (MSP) and AEP Ind.Standard HardwareAWWA C1058 mil LLD05/12/05E1-13 Polyethylene EncasmentAEP IndustriesBullstrong by Cowtown Bolt & GasketAWWA C1058 mil LLD* From Original Standard Products ListClick to Return to the Table of Content34 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Sampling Station3/12/96Water Sampling StationWater PlusB20 Water Sampling Station* From Original Standard Products ListClick to Return to the Table of Content35 Approval Spec No.Classsification Manufacturer Model No.National Spec Size Storm Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 11/28/18) 9/28/2018 33 05 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD)MHRC #220605 ASTM A48 AASHTO M306 **24" Dia 9/28/2018 33 05 13 Manhole Cover Neenah Foundry NF-1274-T91 ASTM A48 AASHTO M306 32" Dia 9/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry NF-1743-LM (Hinged)ASTM A48 AASHTO M306 32" Dia 9/28/2018 33 05 13 Manhole Frame Neenah Foundry NF-1930-30 ASTM A48 AASHTO M306 32.25" Dia 9/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-HV ASTM A48 AASHTO M306 32" Dia 4/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++2279ST ASTM A48 AASHTO M306 **24" Dia 4/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++2280ST ASTM A48 AASHTO M306 32" Dia ++ Portions of this product is not made within the United States CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST **Note: All new development and new installation mahnole lids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 05 13. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. Updated: 04/03/2019 * From Original Standard Products List Click to Return to the Table of Content 1